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Appeals court overturns Denver strangulation conviction for improper expert testimony
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Colorado’s second-highest court reversed a Denver man’s assault conviction on Thursday, finding an expert’s testimony about the potential risks of strangulation had no bearing on the facts of the case. Phillip L. Bauereiss and the victim got into an argument. Jurors heard that Bauereiss allegedly took a dog leash and wrapped it around the victim’s…
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Colorado judges explore professionalism, ethics, AI in discussions with lawyers
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Members of Colorado’s state and federal judiciary held a series of discussions with lawyers on Friday that touched on attorneys’ ethical obligations, the responsible use of artificial intelligence and generational differences in the legal profession. “The world has changed very dramatically since we started practicing. It’s much more competitive,” said Justice Richard L. Gabriel. The…
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Appeals court agrees Lochbuie cannot challenge alleged lack of services from library district
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Colorado’s second-highest court concluded last week that the town of Lochbuie cannot challenge the alleged lack of services its residents are receiving from a Weld County library district that has been in existence for four decades. However, a three-judge Court of Appeals panel rejected a trial judge’s decision to impose attorney fees on Lochbuie for…
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Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state’s crime victim restitution law does not obligate defendants to repay law enforcement agencies for unrecovered money they use to buy drugs undercover. The government maintained the restitution law authorized the repayment of “buy money” because it was either “money advanced by law enforcement…
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Appeals court tosses man’s convictions after Denver judge relied on expired pandemic-era law to violate speedy trial deadline
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A Denver judge mistakenly used an expired provision of state law to extend a defendant’s speedy trial deadline, Colorado’s second-highest court ruled on Thursday in overturning the man’s convictions and 34-years-to-life prison sentence. As part of the constitutional guarantee of a speedy trial, Colorado law generally requires the government to bring a defendant to trial…
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Colorado Supreme Court to hear appeals about parenting restrictions, resentencings
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The Colorado Supreme Court announced on Monday that it will decide whether a judge’s reduction in the amount of time a parent spends with their child amounts to the kind of “restriction” that requires a heightened justification. At least three of the court’s seven members must agree to hear a case. The justices also will…
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Colorado Supreme Court clarifies requirements of child prostitution offense
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The Colorado Supreme Court waded into a split that developed in the state’s second-highest court, clarifying on Monday that prosecutors do not need to prove a defendant intended specifically for a child to be prostituted in order to secure a conviction. Under Colorado law, soliciting for child prostitution is an offense that requires someone to…
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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Colorado justices ponder whether defendants must repay money police use for drug buys
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If undercover police officers buy drugs from a suspected drug dealer, but they let him leave with the money and never recover it, is the defendant obligated to repay the amount as crime victim restitution? Members of the Colorado Supreme Court grappled with the question on Thursday, with multiple justices wondering how the state’s restitution…
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Appeals court overturns $4 million jury award for elderly woman subject to Denver SWAT search
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Colorado’s second-highest court last week overturned a jury’s roughly $4 million award to an elderly Denver woman who was subject to a SWAT raid on her home after police believed, incorrectly, a stolen iPhone would be found inside. In ordering a new civil trial, a three-judge Court of Appeals panel imposed a new burden on…
