jury trial
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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Federal judge green-lights jury visit to Aurora detention center in forced-labor lawsuit
A federal judge granted a request on Thursday to have jurors visit the privately run U.S. Immigration and Customs Enforcement detention center in Aurora as part of an upcoming civil trial over alleged forced labor practices. U.S. District Court Senior Judge John L. Kane said he wanted the “best possible trial,” and initially postponed his…
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SCOTUS decision on ‘3 strikes’ sentences does not benefit defendants with older convictions, appeals court says
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
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
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
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
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
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
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…