juvenile
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Colorado justices raise eyebrows at Denver judge’s restrictions on juvenile defendant
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Members of the Colorado Supreme Court appeared unnerved on Wednesday at the restrictions a Denver judge placed on a teenage defendant’s attempt to argue that he should be tried as a juvenile, not as an adult. Lawyers for Clayshjon Eugene Clark-Collins sought the Supreme Court’s intervention after his trial judge indicated he largely did not want…
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Lawmakers overturn Colorado Supreme Court decision on juvenile competency evaluations
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Colorado lawmakers overturned a recent decision of the state Supreme Court in the final days of the legislative session, clarifying that the government cannot re-evaluate a juvenile defendant’s competency to proceed without a judge’s order. On April 14, the Supreme Court decided People in the Interest of J.D., in which an El Paso County juvenile defendant was deemed…
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Divided Colorado Supreme Court rules government can re-evaluate juvenile defendants without court order
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state may rely upon its evaluation of a juvenile defendant who was previously found not competent to proceed, even though the evaluation happened without a judge’s order. The clarification took on significance because of a 2023 law that enacted protections for juveniles who receive…
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Colorado Supreme Court may address Denver juvenile prosecution, one man’s deluge of cases
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The Colorado Supreme Court signaled last month that it may intervene in an ongoing criminal case against a defendant seeking to be tried as a juvenile, and potentially stop a man from continuing to sue the same group of people after a steady stream of judges has disposed of his claims. In the first case…
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Appeals court says requirement that parents be ‘present’ during child interrogations does not mean ‘attentive’
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Colorado’s second-highest court ruled on Thursday that the requirement for parents to be present when police interrogate their child in custody means only that the parent must be “physically present,” not “mentally present” as well. Under the landmark U.S. Supreme Court case Miranda v. Arizona, law enforcement is required to inform a suspect of their rights…
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Pax Moultrie, longtime juvenile lawyer and judge, ceremonially sworn in to Court of Appeals
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When she was a child, Pax L. Moultrie spent hours deconstructing the “fairness of playground rules,” her father recalled. “Your journey has been a testament to your unique blend of precocity and pragmatism. You devoured legal texts with the same fervor most youngsters reserve for comic books,” said Ben Moultrie, speaking last week to an…
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Pax Moultrie, longtime juvenile lawyer and judge, ceremonially sworn in to Court of Appeals
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When she was a child, Pax L. Moultrie spent hours deconstructing the “fairness of playground rules,” her father recalled. “Your journey has been a testament to your unique blend of precocity and pragmatism. You devoured legal texts with the same fervor most youngsters reserve for comic books,” said Ben Moultrie, speaking last week to an…
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Colorado Supreme Court to scrutinize parole requirements for juvenile sex offenders
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The Colorado Supreme Court has agreed to answer whether the state law authorizing indefinite, potentially lifetime sentences for sex offenses makes room for the special considerations that must be given to juveniles who are tried as adults. In a rare move, the court accepted the question not through the usual appeals process, but following a…
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Appeals court finds Logan County judge withheld documents from defense
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Colorado’s second-highest court decided last week a Logan County judge withheld government documents that he should have provided to lawyers for a juvenile defendant who stood trial for unlawful sexual contact. A three-judge panel for the Court of Appeals declined to overturn the defendant’s conviction outright but endorsed holding a new trial if the defense…
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Colorado Supreme Court’s frustration at state agency boils over in juvenile case
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Members of the Colorado Supreme Court lashed out on Tuesday at the state agency responsible for overseeing certain mental and behavioral health services to juvenile defendants, accusing it of flouting the law. In an appeal out of Weld County, the justices amplified their frustration with the Office of Behavioral Health that previously surfaced in 2019,…