judge matthew grove
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Mesa County judge’s errors prompt new trial for fertility doctor who used own sperm on patients
Colorado’s second-highest court on Thursday overturned a multimillion-dollar jury award to a pair of patients whose doctor artificially inseminated them with his own sperm, concluding a Mesa County judge’s cascading set of errors warranted a new trial. A three-judge panel for the Court of Appeals conceded Paul B. Jones, a retired obstetrician-gynecologist from Grand Junction,…
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Eagle County judge’s mistake prompts appeals court to overturn sex assault convictions
An Eagle County judge neglected to declare a mistrial when the COVID-19 pandemic forced a postponement of the defendant’s trial date, pushing the proceedings outside of the speedy trial deadline and prompting Colorado’s second-highest court to overturn the convictions. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that…
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Appeals court finds no discrimination in prosecutor’s removal of Asian juror from murder trial
Even though an Adams County prosecutor misrepresented the law and the facts when she sought to remove the only Asian juror from a murder trial, Colorado’s second-highest court agreed earlier this month that no racial discrimination occurred. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. If a prosecutor tries…
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Denver judge wrongly barred witness testimony, appeals court rules in reversing 64-year sentence
A Denver judge incorrectly blocked a key witness from testifying at a man’s trial, prompting Colorado’s second-highest court to overturn the defendant’s convictions and 64-year prison sentence last week. Jurors convicted Amos Rogers in 2020 of assaulting a police officer, drug possession and carrying a prohibited large-capacity gun magazine, among other offenses. Rogers did not…
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Colorado appeals court finds no problem with juror who was ‘buddies’ with law enforcement witness
The state’s Court of Appeals ruled last week that a juror who was “buddies” with one of the prosecution’s witnesses was not biased and properly served on a Gilpin County criminal trial. Jurors convicted William Allen Davis in 2017 of multiple driving-related charges. Then-District Court Judge Dennis J. Hall cautioned beforehand that because Gilpin County…
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Walmart not liable for detaining customer who refused to show receipts, appeals court agrees
A man who repeatedly attempted to walk out of Walmart stores without showing his receipts, then sued the company when employees detained him on suspicion of shoplifting, cannot hold Walmart liable for false imprisonment, Colorado’s second-highest court ruled on Thursday. William Montgomery has filed a deluge of lawsuits in state and federal court alleging the…
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Adams County judge properly dismissed charge after prosecutors failed to disclose evidence, appeals court says
Because Adams County prosecutors disclosed key evidence in a criminal case only four days before trial – and 11 months after the evidence first became available – a judge acted within his authority by dismissing one of the charges against the defendant, the Court of Appeals ruled on Thursday. James Andrew Petrie stands accused of three drug-related…
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Colorado Supreme Court takes up 3 criminal appeals, ‘Indian child’ case
The Colorado Supreme Court announced on Monday it will hear three criminal appeals and one case exploring the government’s obligation to determine whether children in welfare proceedings qualify for the longstanding protections granted to American Indians. At least three of the court’s seven members must consent to take up a case on appeal. The criminal…