justice carlos samour
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Colorado Supreme Court to hear appeal claiming race-based prosecution
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The Colorado Supreme Court announced on Monday it will review whether a juvenile defendant who was tried and convicted of murder as an adult was entitled to have the case dismissed because the government allegedly engaged in selective, race-based prosecution. At least three of the court’s seven members must agree to take up a case…
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Colorado Supreme Court rejects effort to let judges restrict defense lawyers’ work on postconviction claims
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The Colorado Supreme Court clarified on Monday that trial judges cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is illegal, new evidence has come to light or their conviction violated the U.S.…
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Colorado Supreme Court rules technical oversight does not imperil Denver murder conviction
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The Colorado Supreme Court decided on Monday that no specific procedure is required to designate a witness as an expert at trial, and the fact that a trial judge neglected to do so in front of the jury did not warrant reversal of a man’s murder conviction. Denver jurors convicted Pete Paul Martinez of stabbing 77-year-old Lewis Easterday to…
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‘I’m gonna call that out’: Colorado justices speak about problematic lawyering, role of international law
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Members of the Colorado Supreme Court fielded detailed questions from an audience of law students on Thursday, with one justice asked to explain why he reprimanded an attorney for using “strident” language during oral argument. “I’m gonna call that out when I see it. I think sometimes judges are afraid to call that out and…
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Colorado justices skeptical of animal rights group’s attempt to free Cheyenne Mountain Zoo elephants
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An animal rights group faced a critical reception from the Colorado Supreme Court on Thursday, with the justices doubting they could recognize the legal rights of five elephants in Colorado Springs without also opening the floodgates for widespread attempts to release numerous species from captivity. “Half the people in this room have dogs or cats…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
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Members of the Colorado Supreme Court suggested on Wednesday that Denver police could have moved more rapidly to obtain a search warrant for a man’s vehicle, but at the same time they doubted the delay amounted to a constitutional violation. A trial judge previously barred prosecutors from using evidence of narcotics found in Arthur Mills’…
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Colorado Supreme Court tiptoes around prior edict forbidding prison plus probation
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Five years ago, the Colorado Supreme Court interpreted state law to prohibit judges from imposing a sentence of prison plus probation in a single criminal case. But on Wednesday, the justices appeared to endorse the idea that judges could resentence affected defendants in a fashion that preserves the same — illegal — punishment. In its 2019 decision…
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‘Half-baked,’ ‘wild outlier’: Colorado justices mull jettisoning insurance documents appeal
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After a trial judge took the rare step of admitting she used the wrong legal standard when ordering the disclosure of documents in an insurance dispute, the Colorado Supreme Court on Tuesday wondered whether it would be overstepping by issuing guidance in the appeal. “This feels half-baked to me,” said Justice Carlos A. Samour Jr.…
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Colorado justices, 4-2, rule tenants have right to a jury trial in eviction cases
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Noting that trial judges across the state are routinely denying tenants the ability to have a jury hear their eviction cases, the Colorado Supreme Court ruled on Monday that certain types of disputes do qualify for a jury trial after all. By 4-2, the Supreme Court’s majority acknowledged the concern that county courts, where evictions…