make my day
-
Colorado Supreme Court confirms ‘Make My Day’ home defense not applicable to reckless killing
—
by
The Colorado Supreme Court ruled on Monday that a man convicted of manslaughter in Adams County could not rely on the state’s “Make My Day” law authorizing lethal force against home intruders to defend himself against a charge of recklessly shooting his friend. There was no dispute that Justin Brendan Martinez shot and killed Ismael…
-
Denver man’s shooting not covered under ‘Make My Day’ immunity, Colorado Supreme Court rules
—
by
A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots. Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man…
-
Colorado Supreme Court explores limits of ‘Make My Day’ defense
—
by
There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
-
Fremont County murder conviction reversed due to faulty jury instruction
—
by
A man convicted of murdering his housemate when he shot a gun through his basement ceiling will receive a new trial, as Colorado’s second-highest court determined a Fremont County judge gave jurors an instruction that violated the defendant’s constitutional rights. Thomas Randall Addington is serving a 38-year prison sentence after jurors convicted him of murdering…
-
Colorado Supreme Court to hear cases on identity theft, child prostitution
—
by
The Colorado Supreme Court announced on Monday that it will review two criminal appeals, one questioning the level of proof needed to convict a man for trying to prostitute a child and the other addressing whether an organization can be the victim of identity theft. At least three of the court’s seven members must consent…
-
Colorado Supreme Court to hear criminal appeals on racial bias, ‘Make My Day’ defense
—
by
The Colorado Supreme Court announced earlier this month that it will review multiple criminal cases, with issues ranging from racial bias in jury selection and the meaning of a parent-child relationship to the law justifying deadly force against home intruders. At least three of the court’s seven members must agree to hear a case on…
-
Appeals court finds police baton does not fall under law against disarming officers
—
by
The state’s second-highest court on Thursday overturned a man’s conviction for disarming a police officer, determining that Colorado law does not classify batons in the list of objects covered under the disarming offense. At the same time, the three-judge panel for the Court of Appeals upheld Jeremiah A. Tomaske’s conviction for attempting to disarm a…
-
State Supreme Court rules home-defense law applied to Colorado Springs man who killed intruder
—
by
The basement of a Colorado Springs apartment building was covered under the state law that permits deadly force in defense of a home, the Colorado Supreme Court ruled on Monday. The decision upholds a lower court’s determination that Patrick Rau was able to claim immunity from prosecution for shooting and killing Donald Russell in 2017.…
-
COURT CRAWL | Terrorism in the 10th Circuit, in-depth look at self-defense
—
by
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The Denver-based U.S. Court of Appeals for the 10th Circuit issued a rare decision weighing in on the constitutionality of a post-9/11 surveillance program, and Colorado Politics took a deeper look at the state’s self-defense laws. Surveillance and Sixth Amendment…
-
COVER STORY | A Rittenhouse acquittal in Colorado? Longstanding self-defense laws would allow it
—
by
A young man being pursued down the street attempted to evade his attacker, asking to be left alone until the last possible minute, when he killed the aggressor. The killer could be Kyle Rittenhouse, the then-17-year-old who shot two men and wounded a third in the streets of Kenosha, Wisc. following days of racial justice…
