marijuana
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Defendant’s ‘train wreck’ of a statement prompts appeals court to order new trial
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Colorado’s second-highest court ordered a new trial on Thursday for a defendant whose 16-minute statement mid-trial, which had no basis in criminal procedure and was described by one judge as a “train wreck,” resulted in a constitutionally unfair proceeding. Jefferson County prosecutors charged Riddick Amoako-Asiamah with large-scale marijuana cultivation or distribution based on the substantial amount…
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‘Dabs made me do it?’ Colorado justices ponder when defendants can rely on laced drugs as defense
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Members of the Colorado Supreme Court struggled last week to determine where to draw the line between allowing defendants to argue they unwittingly consumed a substance that caused them to engage in criminal behavior, while also preventing a wave of unsubstantiated claims about laced drugs. Under state law, “involuntary intoxication” is an affirmative defense, meaning…
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Appeals court clarifies prohibition on lawyers doubling as witnesses covers more than jury trials
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Colorado’s second-highest court clarified on Thursday that the rule generally prohibiting lawyers from also serving as witnesses at trial does not apply only to jury trials. Under Colorado’s rules of professional conduct, an attorney cannot litigate a case when the lawyer is likely to be a necessary witness “at trial.” There are limited exceptions, including…
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Air Force hits recruitment goal with new body fat standards, marijuana waivers and other changes
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The Air Force hit its recruiting goal for 2024 after implementing numerous changes such new body fat standards, marijuana waivers and new legal permanent resident requirements. In a written statement, Brig. Gen. Christopher Amrhein, commander of the Air Force Recruiting Service, said no single change made the difference, but numerous factors helped, such as removing…
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Colorado Supreme Court takes up 6 cases on involuntary intoxication, malicious prosecution, child neglect trials
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The Colorado Supreme Court announced on Monday it will hear appeals in six cases, including the question of whether a person can claim he knowingly ingested one substance that was secretly laced with another behavior-altering substance as a defense to criminal charges. At least three of the court’s seven members must agree to grant an…
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Divided 10th Circuit orders further evaluation of legality for $6.4 million judgment in cannabis case
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The federal appeals court based in Denver ruled on Monday that a Maryland man may be required to pay $6.4 million after all for breaching a contract with his intended partner in a cannabis company, so long as it does not require the manufacture or sale of marijuana. By 2-1, a three-judge panel of the…
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10th Circuit says couple convicted in marijuana grow operation cannot skirt mandatory minimum sentence
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A husband and wife who were convicted of a large-scale marijuana grow operation at their Thornton home cannot take advantage of the legal provision that exempts some drug offenders from mandatory minimum sentences, the federal appeals court based in Denver ruled last month. Huosheng Xian and Youlian Zhong, who arrived in the U.S. from China in…
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Biden, at risk with young voters, is racing to shift marijuana policy
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WASHINGTON – Vice President Kamala Harris looked up from prepared remarks in the White House’s ornate Roosevelt Room this month to make sure the reporters in the room could hear her clearly: “Nobody should have to go to jail for smoking weed.” Harris’ “marijuana reform roundtable” was a striking reminder of how the politics have…
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Federal judge finds no constitutional violation in requiring illegal pot growers to forfeit house
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Requiring an Aurora couple to forfeit their home to the government after using it to illegally grow marijuana does not violate the constitutional prohibition against excessive fines, a federal judge ruled last month. In 2019, the U.S. Department of Justice petitioned to take possession of a home in the 23000 block of East Wagontrail Avenue…
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Appeals court orders new trial for defendant barred from invoking ‘laced’ marijuana defense
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For the first time last month, Colorado’s second-highest court determined a man should have been allowed to defend himself against criminal charges by letting jurors evaluate whether he ingested marijuana that, unbeknown to him, was allegedly laced with a stimulant. A Denver jury convicted Isaac U. Mion of robbery, criminal mischief and menacing. There was clear…
