judge sueanna johnson
-
Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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…
-
‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
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…
-
Appeals court agrees DA can sue Huerfano County sheriff over chronic mishandling of evidence
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…
-
Appeals court to trial judges: the buck stops with you to make a decision on magistrates’ work
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…
-
Appeals judge warns about ‘inflammatory’ medical terminology in child abuse cases
One member of Colorado’s second-highest court suggested last month that certain medical terminology deeming a child’s injuries “abusive” or “nonaccidental” may improperly lead jurors to convict defendants of knowingly committing child abuse. A three-judge panel of the Court of Appeals upheld the El Paso County child abuse convictions of Susan Trahan Bergeron, who is serving 10…
-
Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
-
Colorado justices agree DUI suspects can change mind after initially refusing chemical test
The Colorado Supreme Court agreed on Monday that drunk driving suspects can change their mind after initially refusing to take a blood or breath test, meaning an Arapahoe County judge wrongly blocked jurors from hearing about the defendant’s ultimate consent to take a test after all. The 6-1 decision technically means defendant Glen Gary Montoya…
-
Colorado justices agree DUI suspects can change mind after initially refusing chemical test
The Colorado Supreme Court agreed on Monday that drunk driving suspects can change their mind after initially refusing to take a blood or breath test, meaning an Arapahoe County judge wrongly blocked jurors from hearing about the defendant’s ultimate consent to take a test after all. The 6-1 decision technically means defendant Glen Gary Montoya…
-
El Paso County domestic violence conviction reversed because of biased juror
Colorado’s second-highest court has ordered a new trial for a man convicted of domestic violence-related offenses after acknowledging an unusual scenario in which the trial judge, prosecutor and defense attorney confused one juror for another, and neglected to dismiss the juror they all agreed was biased. An El Paso County jury convicted Cory James Wooldridge in…