judge shelley gilman
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Boulder County judge, prosecutor blew past deadline, appeals court finds in voiding restitution
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Colorado’s second-highest court on Thursday erased the $3,157 a man convicted of burglary owed to his victims because a Boulder County judge and prosecutor disregarded the deadline in state law for ordering restitution. The same day, the Court of Appeals also overturned another defendant’s obligation to pay $17,360 in restitution, again because a trial judge did…
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Colorado Supreme Court considers whether local governments may sue over state decisions
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If local governments in Colorado are unable to challenge the state’s actions in court, it may be because of Martin. “Martin” is not a person, but rather a rule developed by the Colorado Supreme Court over several decades. As it stands, government entities cannot seek judicial review of a state agency’s act when they are…
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Colorado appeals court reverses assault conviction due to Denver prosecutor’s misconduct
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Colorado’s second-highest court on Thursday reversed a woman’s assault conviction and nine-year prison sentence because a Denver prosecutor improperly commented upon Cristina Rogers’ constitutional right not to testify. A three-judge panel for the Court of Appeals explained that even indirect statements about a defendant exercising their right against self-incrimination can trigger reversal if the prosecution…
