Judge Ryan Loewer
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Colorado justices recognize limited right to evidence in postconviction challenges
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The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
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Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Colorado justices may address whether defendants have right to review evidence when challenging convictions
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The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
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HOAs subject to increased liability for guests’ injuries in common areas, appeals court rules
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Colorado’s second-highest court ruled for the first time on Thursday that guests of homeowners who are injured in the common areas of homeowner associations only need to satisfy a relatively low hurdle to sue the HOA. Under Colorado law, someone who is injured on another’s property will have a harder or easier time holding the…