Judge Sarah Cure
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Colorado justices, 4-2, say defendant cannot be retried after judge rejected jury’s partial acquittal
If a jury clearly indicates that it has acquitted a defendant of certain charges while remaining deadlocked on others, judges must accept that partial acquittal verdict, a divided Colorado Supreme Court ruled on Monday. Justice William W. Hood III, in the June 8 majority opinion, acknowledged that judges ordinarily may not ask a deadlocked jury…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado Supreme Court signals intervention in 4 ongoing cases
The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
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Colorado Supreme Court reinstates Larimer County DA’s office on case after judge ordered new prosecutors
The Colorado Supreme Court reinstated the Eighth Judicial District Attorney’s Office on a stalking case on Monday, finding a trial judge disqualified the office based on an incorrect perception of a conflict. In an unusual unsigned opinion, the Supreme Court noted state law allows judges to remove district attorney offices from criminal cases under “special…