lino lipinsky
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Appeals court rebuffs prosecutor’s claim that jury must disbelieve victim to acquit defendant
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A Gilpin County prosecutor committed misconduct when he told jurors they would have to believe the victim “fabricated this whole entire thing” in order to acquit a defendant of sexual assault, Colorado’s second-highest court ruled on Thursday. Nonetheless, a three-judge panel for the Court of Appeals found the prosecutor’s misrepresentation of the law did not…
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State Supreme Court interprets ‘straw purchase’ law to encompass shared use of guns
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The Colorado Supreme Court on Monday interpreted a gun safety law enacted after the Columbine High School massacre, ruling for the first time that the illegal transfer of a firearm to a prohibited person can encompass the shared use of a weapon in a household. The court declined to say whether someone can violate the…
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Appeals court finds Adams County judge not required to recuse based on prior employment
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Colorado’s second-highest court ruled on Thursday that an Adams County judge did not need to recuse himself from presiding over an eviction case solely because his former law firm once represented the landlord in an unrelated lawsuit. District Court Judge Kyle Seedorf denied on three occasions a request from Rebekah Panzlau to recuse himself from…
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Jeffco prosecutors did not have enough evidence to convict man, appeals court rules
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Colorado’s second-highest court overturned a man’s conviction for sex crimes against a child, determining last week that prosecutors did not have enough evidence to prove his guilt. James C. Johnson disputed at trial and on appeal that he was even the person who pulled a pickup truck alongside a 10-year-old girl in Lakewood and made…
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Colorado appeals court reverses man’s conviction for harassment via Facebook, extorting girlfriend
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A Colorado Springs lawyer who baited his former girlfriend into violating a no-contact order and threatened to have her jailed if she did not continue communicating with him will receive a new trial, Colorado’s second-highest court ruled last week. Jurors convicted Daniel Neal Noffsinger in 2020 of extortion and harassment stemming from a series of…
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Former Arapahoe judge’s bias not grounds for overturning conviction, appeals court says
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Colorado’s second-highest court has waved aside the notion that the racial bias of a former Arapahoe County judge deprived a Black defendant of his constitutional rights, determining its own review of the trial has now “purged the case of any taint.” In April of last year, the Colorado Supreme Court censured and accepted the resignation…
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Appeals court interprets police accountability law to block lawsuits against localities
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Although people may sue individual law enforcement officers for violating their rights under a recently-enacted policing accountability law, Colorado’s second-highest court has clarified that lawsuits against local governments directly are not allowed. The ruling from the Court of Appeals on Thursday sets state-level lawsuits apart from those brought under federal law, where the U.S. Supreme…
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Colorado Supreme Court to review constitutionality of mental health law, ‘straw purchases’ of guns
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The Colorado Supreme Court has agreed to hear two appeals challenging the constitutionality of state law as being either vague or in violation of U.S. Supreme Court precedent. The cases have come to the state’s highest court by way of the Court of Appeals, where a panel of three appellate judges declined to label as…
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Appeals judge to law enforcement: Be wary of repeated failures to retain evidence
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A judge on the state’s Court of Appeals has sent a stern warning to law enforcement following a series of missteps in Boulder County that resulted in a failure to retain or turn over evidence. Judge Lino S. Lipinsky de Orlov on Thursday authored a concurrence upholding William Robert Eason’s 2021 criminal conviction and finding…
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U.S. Rep. Diana DeGette endorses Democrat Jena Griswold for secretary of state
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U.S. Rep. Diana DeGette and her husband, attorney Lino Lipinsky, on Monday endorsed Democrat Jena Griswold in her campaign for Colorado secretary of state. “Jena Griswold has the experience and tenacity to safeguard our democracy while making a mark as Colorado’s next secretary of state. Jena will be the first Democratic woman in Colorado’s history…
