judge sueanna johnson
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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…
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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,…