judge patricia herron
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Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
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Error-prone Douglas County judge triggers another reversal of criminal convictions
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Colorado’s second-highest court overturned a defendant’s Douglas County convictions on Thursday due to the error of a judge whose actions have triggered a disproportionate number of reversals to convictions and sentences in recent years. Since 2021, the Court of Appeals has found problems in multiple criminal cases handled by former District Court Judge Patricia Herron.…
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Colorado justices skeptical that intimate messages relevant to assault case
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Members of the Colorado Supreme Court seemed to agree on Tuesday that a Douglas County judge acted reasonably by blocking evidence of a defendant’s BDSM-related conversations with the victim in his trial for assault and false imprisonment. Jurors found Donald Louis Gerle guilty in 2022. In the prosecution’s telling, Gerle began beating his alleged victim following…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
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Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Appeals court overturns convictions after Douglas County judge let biased juror serve
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Colorado’s second-highest court reversed a defendant’s robbery-related convictions and 18-year prison sentence on Thursday because a Douglas County judge allowed a biased juror to serve. During Ahmarion Kaliel Shead’s trial in January 2023, one juror, identified as “J.H.,” indicated on his questionnaire that he was “pro-law enforcement.” J.H. also disclosed that a relative worked for…
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Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
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A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
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Colorado had no ability to prosecute New York woman for unauthorized credit card use, appeals court rules
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Douglas County prosecutors had no basis to pursue charges of identity theft and unauthorized use of a financial device against a woman in New York whose conduct occurred entirely outside of Colorado, the state’s second-highest court ruled on Thursday. Erin Brennan and her children lived in New York and her ex-husband moved to Colorado after…
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Colorado Supreme Court to hear case about relevance of consensual bondage activity
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The Colorado Supreme Court announced on Monday that it will review whether evidence of a defendant’s recent plans for BDSM activity with his alleged victim was relevant to his theory that he did not intend to cause serious bodily injury. At least three of the court’s seven members must agree to take up a case…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
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A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Prosecutorial misconduct, error-prone judge’s decision prompt appeals court to overturn homicide conviction
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Misconduct by two prosecutors and a Douglas County judge’s decision to bar crucial testimony prompted Colorado’s second-highest court on Thursday to reverse a woman’s vehicular homicide conviction. Jurors convicted Jennifer Lea Woodruff of killing her coworker, Christopher Roberts, in a car accident along Interstate 25. The defense’s theory was that Woodruff’s medical condition caused her…
