judge sueanna johnson
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
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Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Colorado Supreme Court to review child custody decision
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The Colorado Supreme Court announced on Monday that it will review whether the state’s second-highest court described the correct framework for deciding whether to terminate a parent’s legal rights over a child. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one vacancy that will…
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Appeals court overturns Adams County sex offense convictions due to prosecutor’s misconduct
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Colorado’s second-highest court reversed multiple child sex assault convictions on Thursday after concluding an Adams County prosecutor committed misconduct while cross-examining the defendant. A three-judge Court of Appeals panel observed the charges against Daniel Michael Boerner depended on the jury either believing the child witnesses’ original accusations or believing their trial testimony, which cast doubt…
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Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
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Colorado’s second-highest court overturned a Jefferson County judge’s order last week in a long-running dispute about whether two ex-spouses must call their child by his first name or middle name outside the home. In doing so, a three-judge Court of Appeals panel clarified that the standard for restricting a parent’s free speech rights is a…
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Appeals judge raises questions about review of custody decisions
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A member of Colorado’s second-highest court suggested last week that appellate judges should have more leeway to decide whether trial judges correctly terminate or decline to terminate parents’ legal rights over their children. At the same time, the three-judge Court of Appeals panel agreed that no specific person has to be identified in order for…
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Colorado justices concerned about blocking self-represented prisoners from pursuing claims due to lack of resources
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When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that would have called his responsibility for a 2013 bank robbery into question. The state’s Court of Appeals rejected his petition, reasoning Townsell had not shown how the…
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Appeals court revives child abuse prosecution despite ex-DA’s ‘inappropriate’ comments to media
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Colorado’s second-highest court reinstated the criminal charges in a Fremont County child abuse case on Thursday, acknowledging the elected district attorney’s public comments about the defendant were “inappropriate” but did not rise to the level of triggering dismissal. Last year, a judge dismissed the case against Brook N. Crawford after then-District Attorney Linda Stanley spoke…
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‘I can help open doors’: Colorado Supreme Court justice, judges speak about obligation to mentor
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Members of the Colorado Supreme Court, Court of Appeals and the trial courts spoke to an audience of lawyers last week about the benefits of seeking a mentor in the legal profession and about their feelings of obligation to help other attorneys. “I can help open doors, particularly now with the title I have in…
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‘I have to over-prepare’: Judges, lawyers speak about effects of disability on their work
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Two judges spoke to members of Colorado’s legal community last week about the ways their disabilities have affected how they operate in the courtroom, and urged lawyers to be mindful about the duty to make accommodations in the justice system. “I had a juror recently, when asked the question ‘Do you have a disability that…
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Netflix subscriptions may be taxed as ‘tangible’ property, appeals court rules
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Colorado’s second-highest court ruled on Thursday that a 90-year-old law taxing the sale of “tangible personal property” applies to Netflix subscriptions. A three-judge Court of Appeals panel examined the 1935 definition of tangible personal property as “corporeal,” and asked whether that necessarily meant items have to be seen and touched in order to qualify for…
