judge ryan stuart
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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…
