jury trial
-
Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
—
by
Colorado’s second-highest court concluded on Wednesday that defendants cannot challenge whether the evidence was sufficient to sustain their convictions if their lawyer argues to the jury that it should find the defendant guilty. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may intentionally concede their client’s guilt. In…
-
Colorado Supreme Court signals intervention in 4 ongoing cases
—
by
The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
-
Colorado justices decline to expand judges’ authority to second-guess medical malpractice awards
—
by
The Colorado Supreme Court rejected a hospital’s argument on Monday that judges have broad authority to recalculate a jury’s monetary award to plaintiffs injured by medical malpractice. Under state law, damages in medical malpractice lawsuits are generally capped at $1 million as part of a 1988 policy change intended to curb the costs of medicine…
-
Appeals court overturns assault conviction due to Arapahoe County prosecutor’s misconduct
—
by
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…
-
Colorado justices weigh ‘cascade of errors’ in Arapahoe County murder trial
—
by
There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017. At the trial of Davis’ suspected killer, jurors reached two conclusions. First, they believed he was guilty of second-degree murder for causing Davis’ death. Second, they were asked whether the defendant used a gun. No, said the jury, he…
-
‘Jury of one’: Federal judge speaks about how to handle non-jury trials
—
by
In 2023 and 2024, Colorado’s federal district court saw a total of approximately 100 cases end in a trial. Most of the civil and criminal cases were resolved through a jury trial, but a smaller number took place through bench trials, meaning a judge rendered the ultimate decision. “What are the judges looking for? They’re…
-
Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
—
by
The Colorado Supreme Court on Monday concluded a father was not automatically entitled to a child neglect jury trial after his first proceeding in El Paso County was overturned, and instead faulted the man for failing to reiterate his demand for a jury trial. For parents involved in child welfare cases, Colorado lawmakers have given them…
-
10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
—
by
The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also…
-
El Paso County judge wrongly dismissed case after victim failed to show, appeals court rules
—
by
An El Paso County judge incorrectly dismissed a domestic violence case after the alleged victim did not appear on the morning of trial, when she should have instead granted the prosecution’s request to issue a warrant, Colorado’s second-highest court ruled last week. Under the rules of criminal procedure, a judge “shall issue” a warrant for…
-
Federal judge sends claims of 13 plaintiffs to trial over police response to 2020 demonstrations
—
by
A federal judge last week agreed 13 people injured in the police response to 2020 demonstrations in Denver will have their claims of constitutional violations decided by jury trial. Numerous judges in the past five years have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series…
