jury trial
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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…
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10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
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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…
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El Paso County judge wrongly dismissed case after victim failed to show, appeals court rules
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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…
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Federal judge sends claims of 13 plaintiffs to trial over police response to 2020 demonstrations
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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…
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Appeals court overturns $4 million jury award for elderly woman subject to Denver SWAT search
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Colorado’s second-highest court last week overturned a jury’s roughly $4 million award to an elderly Denver woman who was subject to a SWAT raid on her home after police believed, incorrectly, a stolen iPhone would be found inside. In ordering a new civil trial, a three-judge Court of Appeals panel imposed a new burden on…
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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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Colorado Supreme Court approves new rules for child welfare cases, with tweaks to jury trial right
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The Colorado Supreme Court adopted on Monday a package of revisions to the rules governing child welfare cases, while modifying one section that governs when a parent surrenders their right to have a jury decide if their child is neglected. Earlier this month, the justices held a hearing to evaluate the long-running group effort to…
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Colorado justices hear about broad support for juvenile rules package, with one legal hitch
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Members of the Colorado Supreme Court heard on Wednesday that a long-running group effort to revise the rules of juvenile procedure has culminated in an acceptable package of changes — including a proposed answer to one disputed legal question pending before the justices. During a public comment hearing and in written remarks submitted beforehand, members of the court…
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10th Circuit clarifies what judges should do when juries turn in conflicting verdicts
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The Denver-based federal appeals court put judges and lawyers on notice Monday that if a jury produces a verdict too confusing to interpret, a judge may ask jurors to reconsider their decision. The U.S. Court of Appeals for the 10th Circuit acknowledged its prior decisions did not permit judges to let juries clarify certain kinds…