jury
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Colorado lawmakers target social media platforms used by kids, justices grapple with questions of race in jury selection | WHAT YOU NEED TO KNOW
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Today is Feb. 15, 2024, and here’s what you need to know: A measure in the Colorado state Senate aims to impose a host of requirements on social media companies, including age verification, tools and settings for parents and a prohibition against practices that are “not in the best interest of juveniles.” Notably, the proposal…
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Colorado Supreme Court takes up 3 criminal appeals, ‘Indian child’ case
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The Colorado Supreme Court announced on Monday it will hear three criminal appeals and one case exploring the government’s obligation to determine whether children in welfare proceedings qualify for the longstanding protections granted to American Indians. At least three of the court’s seven members must consent to take up a case on appeal. The criminal…
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Appeals court reverses another Adams County conviction due to faulty analogy
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Colorado’s second-highest court on Thursday reversed another defendant’s criminal conviction in Adams County because the trial judge explained the concept of reasonable doubt to jurors using an analogy that lowered the prosecution’s burden of proof. A three-judge panel for the Court of Appeals deemed it a “close question,” but ultimately ordered a new trial for Tylor…
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Colorado Supreme Court accepts 2 cases on capital punishment, racially-biased juror
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The Colorado Supreme Court agreed to hear two criminal appeals on Monday that question whether defendants are entitled to bail for crimes that formerly qualified for a death sentence, and whether a Black man convicted in an overwhelmingly white county deserves a new trial because one juror admitted he “didn’t want diversity.” At least three…
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Appeals court reluctantly agrees dismissal of Hispanic juror not a constitutional violation
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Despite its deep skepticism that Adams County prosecutors removed a Hispanic juror from a Hispanic defendant’s trial for reasons other than race, Colorado’s second-highest court on Thursday nevertheless found the prosecution’s conduct did not amount to a violation of the constitutional prohibition on race-based dismissals. A three-judge panel for the Court of Appeals emphasized the…
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Appeals court finds El Paso judge properly handled ‘violent outburst’ during jury deliberations
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Colorado’s second-highest court has found an El Paso County judge properly addressed a “violent outburst” that occurred during jury deliberations, and consequently declined to reverse the defendant’s convictions. A three-judge panel for the Court of Appeals believed a heated confrontation in the jury room that left one juror feeling “threatened” did not amount to the…
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Appeals court upholds dismissal of Hispanic juror for believing justice system is racist
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Colorado’s second-highest court found no problem with the prosecution dismissing a Hispanic man from an Arapahoe County jury because of his observation that the judicial system is unfair to racial minorities. But for defendant Dustin Aaron Schwarz, the exclusion of the man from his jury exemplified a larger concern that people of color are being…
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Appeals court says Denver judge appropriately handled juror’s heart attack
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A Denver judge properly safeguarded the defendant’s rights when he ordered a jury to restart its deliberations after 11 hours with an alternate substituting for a juror who had a medical emergency, the state’s Court of Appeals decided. Ricardo Castro challenged his 2018 convictions for sexual assault on a child by claiming it was “inconceivable”…
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Appeals court finds no error in dismissal of Black juror from El Paso County case
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Colorado’s second-highest court has determined an El Paso County judge appropriately allowed prosecutors to dismiss a Black juror from a criminal trial for reasons other than his race. The U.S. Supreme Court recognized in the 1986 decision of Batson v. Kentucky that juror dismissals, or strikes, motivated by a juror’s race are unconstitutional. Consequently, trial judges evaluate…
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Mesa County District Attorney Daniel Rubinstein seeks revocation of Tina Peters’ bond
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Mesa County District Attorney Daniel Rubinstein is seeking to revoke the bond posted by Mesa County Clerk Tina Peters, who is under indictment for allegedly taking part in a “deceptive scheme” to breach secure voting equipment. Rubinstein confirmed he is pursuing the bond’s revocation, alleging Peters violated its conditions for going out of state without permission. No…
