judge rebecca freyre
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Chief justice, top appeals judges address Colorado legal community | APPELLATE UPDATE
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Members of Colorado’s state and federal appellate courts addressed the legal community on Friday with the latest details about caseloads, internal changes and upcoming initiatives. Chief Justice Monica M. Márquez, who has occupied the state’s top judicial role for almost one year, described an “interesting trend” of the Colorado Supreme Court receiving slightly fewer petitions to…
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Appeals judge warns police against overly broad cell phone search warrants
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A member of the state’s second-highest court warned last month that law enforcement personnel should be on notice by now that they cannot obtain warrants seeking broad amounts of data from a suspect’s cell phone records unrelated to the crime. A three-judge panel for the Court of Appeals upheld the convictions and 102-year prison sentence…
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Colorado Supreme Court accepts cases on leaving the scene of accidents, insurance
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The Colorado Supreme Court announced on Monday that it will consider whether prosecutors must prove defendants knew they were involved in an accident resulting in death or serious injury in order to be convicted for leaving the scene. At least three of the court’s seven members must agree to hear a case on appeal. The…
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Appeals court clarifies gig workers who injure each other can sue for more than $15,000
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Colorado’s second-highest court last week ruled for the first time that an independent contractor who injures another independent contractor is not subject to the $15,000 limitation on damages that normally exists for employees who work together. James Curry and Charles Brewer were both independent contractors working for Ideal Transport, LLC, which supplied labor to a…
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Colorado justices weigh constitutional implications of livestreaming criminal trials
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With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
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The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Appeals court reverses sex assault convictions due to juror who was distracted by traumatic event
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Colorado’s second-highest court last week reversed a man’s Boulder County sexual assault convictions and ordered a new trial because one juror was distracted after witnessing a fatal accident and missed key portions of testimony. A jury convicted Curtis James DiMarco in 2021 of numerous child sex offenses and he received a sentence of 60 years…
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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…
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Appeals judge suggests revising governmental immunity law in response to Manitou Springs’ ‘hide-the-ball’ conduct
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A member of the state’s second-highest court has suggested lawmakers revise Colorado’s governmental immunity law to prevent public entities from torpedoing lawsuits by withholding the identity of the actual party responsible for an injury. Last week, a three-judge panel for the Court of Appeals agreed Jaimi J. Mostellar’s lawsuit against Colorado Springs must be dismissed…
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Colorado Supreme Court to hear murder, noise pollution, fentanyl cases
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The Colorado Supreme Court announced on Monday it will decide whether a man can be tried a second time for murder after jurors rendered a verdict that made no sense if they had followed their instructions. At least three of the seven justices must agree to hear a case on appeal. The court also elected…