judge ryan stuart
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GoFundMe donations for victim do not lessen defendant’s restitution obligation, appeals court rules
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Donations made to a victim’s crowdfunding page do not necessarily reduce the defendant’s obligation to pay crime victim restitution, Colorado’s second-highest court concluded on Thursday. Under state law, crime victim compensation boards reimburse victims for certain monetary losses, including funeral costs, medical expenditures, and property damage. Prosecutors may, in turn, seek restitution payments from the…
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Douglas County judge wrongly blocked man from de-registering as sex offender due to alleged ‘smirk,’ appeals court finds
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A Douglas County judge acted improperly by refusing to grant a defendant’s request to de-register as a sex offender a quarter-century after his offense because the man allegedly “smirked” at a hearing, Colorado’s second-highest court ruled on Thursday. David Arthur Kosak pleaded guilty in 2001 to one felony and one misdemeanor count related to sexual…
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Appeals judge calls for investigation into law firm’s handling of potential murder weapon
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A member of Colorado’s second-highest court took the extraordinary step on Thursday of calling for an investigation into the “serious ethical issues” raised by a criminal defense firm’s concealment of a potential murder weapon at its office without notifying the prosecution. A three-judge Court of Appeals panel upheld the convictions of Daniel Jesus Lopez, who is…
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Colorado Supreme Court clarifies requirements of child prostitution offense
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The Colorado Supreme Court waded into a split that developed in the state’s second-highest court, clarifying on Monday that prosecutors do not need to prove a defendant intended specifically for a child to be prostituted in order to secure a conviction. Under Colorado law, soliciting for child prostitution is an offense that requires someone to…
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Appeals court upholds conviction in ‘unique’ case hinging on gender identity
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Colorado’s second-highest court last week upheld an Arapahoe County burglary conviction in a case where the key disputed element was the defendant’s gender identity. A jury convicted Michael Allen Fresquez of burglary, a component of which is the unlawful entry into a building. Shortly before trial, Fresquez noted they do not identify as male. Therefore,…
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Appeals court says judge, DA, corrections agency could blow past deadlines, still send man to prison
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Colorado’s second-highest court determined last month that an Arapahoe County judge, prosecutors and corrections officials could disregard the deadlines in state law and still have the ability to send a youthful offender to prison. The state’s Youthful Offender System enables defendants who were at least 18 at the time of their criminal offense but younger…
