judge stephanie dunn
-
Appeals court finds Jeffco judge imposed lifetime sex offender registration on man without explaining why
—
by
Colorado’s second-highest court overturned a Jefferson County judge’s order on Thursday that subjected a defendant to lifetime sex offender registration, after she did not make findings about each of the required factors. David Lamont White pleaded guilty to one count of attempted sexual assault. At his 2023 plea hearing, the defense and prosecution agreed District…
-
Appeals court ‘reluctantly’ sides with Jeffco DA in disapproving judge’s self-defense ruling
—
by
Colorado’s second-highest court, by 2-1, agreed last week that a Jefferson County judge should not have let jurors consider whether a defendant acted in self-defense at a trial that resulted in his acquittal for menacing a police officer. However, members of the three-judge Court of Appeals panel criticized District Attorney Alexis King’s office for bringing…
-
Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
—
by
Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
-
Denver judge failed to let defendant speak, appeals court finds in overturning 48-year sentence
—
by
A Denver judge did not satisfy her obligation to ensure a defendant knew he could speak on his own behalf at sentencing, Colorado’s second-highest court determined in ordering a new sentencing hearing on Thursday. Jurors convicted Joe Pinheiro of second-degree murder in 2022 for fatally shooting Philip Malinowski five years earlier. The parties disputed whether Pinheiro’s…
-
Appeals court orders new sex assault trial due to biased juror
—
by
Colorado’s second-highest court ordered a new sex assault trial for a defendant on Thursday after concluding a Weld County judge permitted a biased juror to serve. Prosecutors charged Jeremy Black with multiple counts of sexual assault on a child, alleging he abused a girl beginning when she was approximately seven years old. She disclosed the…
-
Appeals court finds Mesa County judge incorrectly analyzed evidence for second time in sex assault trial
—
by
Colorado’s second-highest court concluded last month that a Mesa County judge used the incorrect standard when deciding if a defendant should receive a new trial — even after a prior Court of Appeals decision explicitly ordered the judge to fix his earlier evidence-related mistake. A three-judge appellate panel, by 2-1, believed then-District Court Judge Richard T.…
-
Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
—
by
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
-
Colorado Supreme Court to review case of spiritual leader found guilty of child abuse
—
by
The Colorado Supreme Court announced on Monday that it will review whether the Court of Appeals correctly overturned a woman’s felony convictions for child abuse resulting in death due to an inadequate jury instruction. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood farm…
-
Appeals court overturns $9,150 restitution order after Jeffco judge did not follow law
—
by
Colorado’s second-highest court last week overturned an order for a criminal defendant to pay $9,150 to his victim, citing the trial judge’s failure to abide by the legal process for imposing financial restitution. In Colorado, as part of sentencing, judges must consider whether defendants owe restitution to their victims. If so, prosecutors generally need to provide…
