jury instruction
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Colorado Supreme Court to hear 2 Denver criminal appeals
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The Colorado Supreme Court announced on Monday that it will decide whether the state’s second-highest court correctly overturned a defendant’s vehicular eluding conviction due to the faulty wording of a jury instruction. The justices also will review whether the Court of Appeals properly rejected an appeal by prosecutors that was filed beyond the procedural deadline,…
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Appeals court orders new murder trial after Denver judge gave faulty self-defense instruction
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Colorado’s second-highest court overturned a man’s murder conviction and life sentence on Thursday after concluding a Denver judge gave a problematic self-defense instruction to jurors, casting doubt on the verdict. Jurors delivered a split verdict, acquitting Oscar D. Villegas-Ortega of first-degree murder after deliberation, but convicting him of another murder charge as well as manslaughter and assault.…
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Colorado’s new ‘reasonable doubt’ instruction upheld, despite cautions from some appeals judges
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Colorado’s second-highest court has upheld the recently reworded definition of “reasonable doubt” that appears in the template jury instructions for criminal trials, which generated controversy at the time of its debut. In a pair of precedent-setting opinions issued the same day last week, two separate panels for the Court of Appeals found no legal deficiency…
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Colorado Supreme Court to review case of spiritual leader found guilty of child abuse
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The Colorado Supreme Court announced on Monday that it will review whether the Court of Appeals correctly overturned a woman’s felony convictions for child abuse resulting in death due to an inadequate jury instruction. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood farm…
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Assault, murder convictions reversed in 2 cases for judges’ errors
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Colorado’s second-highest court on Thursday reversed two sets of criminal convictions because trial judges gave improper instructions to jurors or incorrectly allowed damaging evidence to be heard. In the first case out of Jefferson County, jurors convicted Clinton Eugene Priest of murdering and assaulting Robert Miller after the two men got into a physical confrontation outside…
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Felony child abuse convictions overturned in high-profile case due to instruction error
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Colorado’s second-highest court reversed a woman’s felony convictions for child abuse resulting in death last month after concluding the instructions that a San Miguel County judge provided the jury did not include the necessary language. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood…
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Colorado appeals court overturns conviction for Larimer County judge’s faulty instruction
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In a rare move, both the prosecution and defense agreed the state’s Court of Appeals should overturn a man’s assault conviction because a Larimer County judge incorrectly instructed jurors about self-defense. Consequently, a three-judge appellate panel on Thursday ordered a new trial for Anthony John Trimarco, who is currently serving a 12-year prison sentence. In criminal…
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Appeals court reverses Mesa County murder conviction after faulty jury instruction
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Colorado’s second-highest court has found a Mesa County judge provided a jury instruction that was unsupported by the evidence, requiring reversal of the defendant’s 2019 murder conviction. Although the defense attorney for Joseph William Peace did not object to the faulty self-defense instruction at the time, a three-judge panel for the Court of Appeals deemed…
