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Colorado Supreme Court clarifies requirements of child prostitution offense
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
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
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
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…
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Defendant’s ‘extreme religious beliefs’ did not render her incompetent, appeals court rules
Colorado’s second-highest court decided last week that a defendant’s “extreme religious beliefs” did not render her incompetent to proceed, nor did they invalidate her decision to represent herself at trial. A three-judge panel for the Court of Appeals did not believe Ika Eden had any mental health issues that interfered with her ability to understand…
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Appeals court finds Mesa County judge incorrectly analyzed evidence for second time in sex assault trial
Colorado’s second-highest court concluded last month that a Mesa County judge used the incorrect standard when deciding if a defendant should receive a new trial — even after a prior Court of Appeals decision explicitly ordered the judge to fix his earlier evidence-related mistake. A three-judge appellate panel, by 2-1, believed then-District Court Judge Richard T.…
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Colorado Supreme Court considers restoring multimillion-dollar award to RTD subcontractor
The Colorado Supreme Court announced on Monday that it will consider whether the Court of Appeals incorrectly threw out a $5.7 million award to a company that helped build a commuter rail line and, in doing so, endangered the ability of contractors to seek money they are owed going forward. At least three of the court’s seven…
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Appeals court says reduction in parenting time, even a substantial one, is not a ‘restriction’
Colorado’s second-highest court ruled for the first time on Thursday that even if a judge substantially reduces the amount of time a parent may spend with their child, it is not a “restriction” that requires a heightened justification. A three-judge panel for the Court of Appeals acknowledged that under its interpretation of the law, a…
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Appeals court finds constitutional violation with man’s child sex offense
Colorado’s second-highest court concluded on Thursday that an Arapahoe County man’s conviction for unlawful sexual contact on a child violated his constitutional rights and must be vacated. Jurors convicted Lucas Bienvenido Mena in 2021 of multiple sex offenses after hearing he pushed a 12-year-old relative into a bathroom, touched her genitals and took photos of…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…