jury trial
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SCOTUS decision on ‘3 strikes’ sentences does not benefit defendants with older convictions, appeals court says
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A recent U.S. Supreme Court decision affecting how defendants are sentenced under Colorado’s “three strikes” law does not benefit people whose convictions have long been final, the state’s second-highest court ruled on Thursday. For many years, Colorado’s Habitual Criminal Act required judges to impose three or four times the maximum sentence if a defendant was convicted of…
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Appeals court upholds convictions despite juror’s dishonesty about criminal history
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Colorado’s second-highest court declined to order a new trial last week for a Boulder County defendant, despite a juror’s concealment of his own prior conviction until after the verdict. A jury found Kasey James Arrington guilty of kidnapping and sex-related offenses in 2022. Afterward, the defense alleged that multiple jurors had responded untruthfully during jury…
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Colorado Supreme Court intervenes in 4 ongoing cases
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The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
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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…
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Colorado Supreme Court signals intervention in 4 ongoing cases
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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…
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Colorado justices decline to expand judges’ authority to second-guess medical malpractice awards
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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…
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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 weigh ‘cascade of errors’ in Arapahoe County murder trial
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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…
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‘Jury of one’: Federal judge speaks about how to handle non-jury trials
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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…
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Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
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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…