justice carlos samour
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‘Mental gymnastics’: Lawyers, judge dissect Colorado Supreme Court’s racial bias rule for jury selection
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Lawyers from the prosecution and defense communities, along with a trial judge, attempted on Thursday to demystify a recent rule change addressing racial discrimination in criminal jury selection, with some head-scratching about what the Colorado Supreme Court had actually done. “The proposal initially was not to clarify a complicated area of law, but was an…
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Colorado justices decide pre-2025 law did not criminalize AI-generated child porn
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Colorado law prior to 2025 did not criminalize, as a means of sexually exploiting a child, the use of artificial intelligence to generate nude images depicting real children, the state Supreme Court concluded on Monday. The legislature acted this year to clearly establish a crime for someone to have or share fake, yet “highly realistic,”…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
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Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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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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Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state’s crime victim restitution law does not obligate defendants to repay law enforcement agencies for unrecovered money they use to buy drugs undercover. The government maintained the restitution law authorized the repayment of “buy money” because it was either “money advanced by law enforcement…
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Divided Colorado Supreme Court upholds disbarment of ex-DA Linda Stanley
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The Colorado Supreme Court, by 4-2, upheld the rare disbarment of an elected district attorney on Monday, concluding disciplinary officials correctly barred Linda Stanley from practicing law as a result of her inappropriate comments to the media and her improper attempt to remove a judge from a high-profile murder case. Voters of the 11th Judicial…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Denver judge exceeded his authority in ‘several ways’ in juvenile defendant’s case, state Supreme Court says
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‘While the trial court has significant discretion regarding the presentation of evidence and the application of the rules of evidence, there are limits,’ wrote the justices
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Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more
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The Colorado Supreme Court’s most visible decision of its recently concluded term may actually be the one it made five years ago. In 2020, with the retirement of then-Chief Justice Nathan B. Coats, the court’s other members decided to switch to a rotational method of filling the seat, with the judicial branch’s top job term-limited…
