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Denver magistrate may resolve dispute between parents over whether to vaccinate child against COVID-19, appeals court says
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Colorado’s second-highest court last week clarified that trial judges need not find a child is endangered before they break an impasse between two parents who cannot agree about which course of action is best. A three-judge panel for the Court of Appeals agreed a Denver magistrate appropriately sided with a father who wanted his child…
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Appeals court upholds conviction in ‘unique’ case hinging on gender identity
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Colorado’s second-highest court last week upheld an Arapahoe County burglary conviction in a case where the key disputed element was the defendant’s gender identity. A jury convicted Michael Allen Fresquez of burglary, a component of which is the unlawful entry into a building. Shortly before trial, Fresquez noted they do not identify as male. Therefore,…
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Appeals court overturns Boulder man’s sex assault convictions because judge misapplied law
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Colorado’s second-highest court last month overturned a man’s sex assault convictions and indefinite prison sentence because a Boulder County judge wrongly blocked jurors from hearing evidence about the alleged victim’s reason for fabricating the claims. Jose Gilberto Contreras-Guzman stood trial in 2016 on multiple charges of sexually assaulting an 8-year-old relative. The prosecution argued the…
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Appeals court says trial judges may retroactively justify excluding public from courtrooms
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In a move that potentially tees up the question for the state Supreme Court to resolve, Colorado’s second-highest court on Thursday ruled that judges who exclude members of the public from trial on questionable grounds may have the opportunity to justify their actions on appeal. The Sixth Amendment guarantees criminal defendants the right to a…
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Colorado justices spar over need for new trial due to biased judge
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When public defender Amanda C. Hopkins appeared in Saguache County District Court on April 17, 2018, her client failed to show up. The hearing was over in a matter of minutes. Records at the time did not document her brief substitution for the regular public defender assigned to the case. Three months later, Hopkins became…
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Appeals court finds Broomfield police did not coerce confession over phone
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Colorado’s second-highest court determined last month that Broomfield police did not coerce a telephone confession out of a suspect by telling him a detective was “not going to look for you.” Within minutes of answering law enforcement’s call while he was in Mexico, Ricardo E. Munoz-Diaz admitted to killing Amalia Karolina Lopez-Leon in her home. He…
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Denver sex assault verdict reversed after expert vouched for victim’s credibility
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Colorado’s second-highest court reversed a defendant’s child sex assault convictions earlier this month because an expert witness, who had no connection to the specific case, effectively told jurors the victim’s explanations were true. In child sex assault cases, a generalized, or “blind,” expert may testify about how alleged victims react to and disclose incidents of…
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Colorado appeals court issues rulings on drug money, Pueblo councilman’s vandalism
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Colorado’s second-highest court on Thursday decided a pair of cases involving financial restitution to crime victims, finding defendants are not obligated to repay police departments for money used in drug purchases and also upholding a Pueblo council member’s duty to pay $3,800 for his vandalism. Under Colorado law, most convictions require judges to consider whether…
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Colorado Supreme Court to hear cases on identity theft, child prostitution
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The Colorado Supreme Court announced on Monday that it will review two criminal appeals, one questioning the level of proof needed to convict a man for trying to prostitute a child and the other addressing whether an organization can be the victim of identity theft. At least three of the court’s seven members must consent…
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Divided appeals court finds no misconduct from Denver prosecutor’s inflammatory argument
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While the Colorado Supreme Court has established that prosecutors may not characterize a witness’s testimony as a “lie,” the state’s second-highest court has decided, by 2-1, a Denver prosecutor did not cross the line by repeatedly using a synonym for “lie.” Jurors convicted Rigoberto E. Fernandez in 2015 for stabbing a man at Montbello Recreation…