judge sean finn
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
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Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
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Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
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Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
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Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
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‘Something about that is wrong’: Colorado justices weigh ski resort immunity for child’s debilitating fall
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In a case that attracted the interest of Colorado’s outdoor recreation industry, the state Supreme Court considered on Tuesday whether parents may waive their children’s right to sue for debilitating injuries that are allegedly the fault of a negligent ski resort operator. Annalea “Annie” Miller was 16 years old when she fell 30 feet from…
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‘Give me the goods’: State judges tell young lawyers how to win trust, cases in the courtroom
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Be prepared. Know the courtroom. Learn the judge’s background. Make clear what you want. Show the judge how to get there. Look nice. Be mindful of the stickers on your water bottle. Those were some of the bullet points of advice that new attorneys heard earlier this month at the Lindsey-Flanigan Courthouse in Denver. The…
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Appeals court finds no discrimination in prosecutor’s removal of Asian juror from murder trial
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Even though an Adams County prosecutor misrepresented the law and the facts when she sought to remove the only Asian juror from a murder trial, Colorado’s second-highest court agreed earlier this month that no racial discrimination occurred. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. If a prosecutor tries…
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Colorado Supreme Court to hear Miranda rights appeal from Arapahoe County
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The Colorado Supreme Court on Monday announced it will hear a criminal appeal out of Arapahoe County that asks whether police failed to give a road rage suspect his Miranda warning, and if that failure requires a new trial. At least three of the court’s seven members must agree to review a case. The justices…
