judge sueanna johnson
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Defense lawyer’s sarcasm did not indicate ineffective assistance, appeals court says
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Colorado’s second-highest court last month rejected a defendant’s argument that his trial lawyer had essentially told jurors he was guilty, when it instead appeared the lawyer was speaking sarcastically. El Paso County prosecutors charged David Donis in 2007 with numerous criminal offenses, including kidnapping, burglary and assault. Jurors convicted him and Donis is serving life…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
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Members of the appeals courts headquartered in Denver gave lawyers a peek on Friday into their behind-the-scenes operations and offered tips about presenting a compelling case to the people making decisions. “You have to pay attention to the entire bench, right? I think one mistake that you can make, as the questions start coming in,…
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Appeals court overturns El Paso County domestic violence convictions for improper testimony
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Colorado’s second-highest court on Thursday overturned a man’s domestic violence convictions because a witness’s improper testimony had provided the only link between the defendant and the assault in question. Generally, courts do not allow hearsay testimony, which means out-of-court statements introduced to prove the truth. Such statements are not subject to cross-examination under oath, making…
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Appeals court chastises Denver prosecutor for inappropriate comment on defendant’s right to silence
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Colorado’s second-highest court agreed on Thursday that a Denver prosecutor inappropriately commented on a defendant’s constitutional right to silence during a jury trial, but the misconduct did not warrant a new trial in light of the overwhelming evidence of guilt. Byron L. Whitehorn is serving a prison sentence of 24 years to life after jurors…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
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Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
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Members of Colorado’s Supreme Court and Court of Appeals spoke to law students on Friday about when and how they compromise in their decision-making — and when they feel compelled to register disagreement. “We have different considerations than the Supreme Court,” said Judge Sueanna P. Johnson of the 22-member appeals court. “They are doing less than…
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Appeals court agrees DA can sue Huerfano County sheriff over chronic mishandling of evidence
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Colorado’s second-highest court ruled on Thursday that an elected district attorney was justified in suing the Huerfano County sheriff over persistent problems in evidence handling that compromised numerous prosecutions. Last year, Third Judicial District Attorney Henry Solano obtained a permanent injunction against longtime Sheriff Bruce Newman, in which a trial judge ordered Newman to hand…
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Appeals court to trial judges: the buck stops with you to make a decision on magistrates’ work
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Colorado’s second-highest court on Thursday reminded trial judges their role in reviewing the decisions of magistrates requires them to take the final action, not to send an issue back to a magistrate for further work. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…