judge terry fox
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Appeals court overturns assault conviction due to Arapahoe County prosecutor’s misconduct
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Colorado’s second-highest court ordered a new trial on Thursday after concluding an Arapahoe County prosecutor’s improper commentary about a defendant’s constitutional right to silence undermined the fairness of his trial. A three-judge Court of Appeals panel acknowledged it was fair game for the prosecution to cross-examine defendant Dominic Jorge Martinez about inconsistencies between his trial…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices decide shorter timeline applies to lawsuits alleging minimum wage violations
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The Colorado Supreme Court ruled on Monday that plaintiffs alleging their employer violated the state’s minimum wage law have up to three years to file a lawsuit and not, as the appeals court believed, six years. With Colorado’s Minimum Wage Act silent on the subject, the justices were confronted with two options: Justice Maria E.…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Lakewood must release police body cam footage of teen’s fatal shooting, appeals court rules
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Colorado’s second-highest court ruled last week that Lakewood is obligated to release body-worn camera footage of police fatally shooting a 17-year-old girl, notwithstanding her surviving family’s objections. A three-judge Court of Appeals panel interpreted a key transparency requirement in Colorado’s landmark police accountability law from 2020. Judge Timothy J. Schutz wrote that legislators crafted “a…
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Colorado Supreme Court weighs time to sue for minimum wage violations in absence of directive
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With the state’s minimum wage law silent on the subject, the Colorado Supreme Court attempted to figure out on Tuesday how much time workers have to file claims against their employers. There were seemingly two options: Up to three years from the violation, as is the case for claims under the neighboring Colorado Wage Claim Act;…
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Despite 2020 change, Colorado justices rule positive drug test alone can lead to child neglect finding
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A divided Colorado Supreme Court ruled on Tuesday that a newborn’s positive drug test by itself can lead to a finding of child neglect, even though legislators amended the law five years ago to eliminate that trigger. The legal debate centered on the wording lawmakers chose to replace the previous understanding that a child is neglected when…
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…
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By 2-1, appeals court overturns some of defendant’s convictions in Denver gang shooting
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Colorado’s second-highest court concluded earlier this month that prosecutors had not proven a defendant placed all alleged victims at risk of serious injury or death in a gang-related shooting, and therefore some of his convictions could not stand. Alejandro Garcia-Sanchez stood trial for an October 2019 shooting in northeast Denver. He was one of several…
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Appeals court clarifies defendants’ ability to claim they unknowingly ingested drugs
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Colorado’s second-highest court clarified on Thursday that not every criminal defendant’s claim that they mistakenly ingested a different drug than the drug they thought they were taking will enable them to argue they were “involuntarily intoxicated.” An El Paso County jury convicted Karl Jeran Friday Williams in 2022 after he walked through a Colorado Springs neighborhood…
