judge sueanna johnson
-
Judge’s error allowing juvenile defendant to be prosecuted as adult cannot be reversed, appeals court says
—
by
Colorado’s second-highest court concluded last month that a judge’s error in allowing a juvenile defendant to be prosecuted as an adult cannot be corrected on appeal because the defendant later pleaded guilty. The case arose under unusual circumstances, after police connected James Edward Papol in 2018 to the 30-year-old unsolved murder of Mary Lynne Vialpando…
-
Colorado appellate judges, lawyers hold annual conference | APPELLATE UPDATE
—
by
Appellate judges and attorneys gathered in Denver on Friday to discuss recent trends, exchange tips and clarify confusing areas of practice. “One of the things I really had to focus on, coming from the trial court, is that my inclination before was to make sure things are raised and people were getting their questions answered.…
-
Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
—
by
Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
-
Appeals court upholds convictions despite juror’s dishonesty about criminal history
—
by
Colorado’s second-highest court declined to order a new trial last week for a Boulder County defendant, despite a juror’s concealment of his own prior conviction until after the verdict. A jury found Kasey James Arrington guilty of kidnapping and sex-related offenses in 2022. Afterward, the defense alleged that multiple jurors had responded untruthfully during jury…
-
Appeals court reverses assault convictions after jury received no definition of ‘harm’
—
by
Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
-
Appeals court finds no illegal sentence when defendants forfeit time-served credit
—
by
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…
-
Colorado Supreme Court to review child custody decision
—
by
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…
-
Appeals court overturns Adams County sex offense convictions due to prosecutor’s misconduct
—
by
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…
-
Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
—
by
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…
-
Appeals judge raises questions about review of custody decisions
—
by
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…