matthew grove
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Appeals court, 2-1, says judge went too far in authorizing ‘continuous’ monitoring of man’s devices
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A Weld County judge mistakenly upheld a requirement that a defendant subject himself to ongoing monitoring of his keystrokes and data, including conversations with his attorneys, as part of his probation, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals decided, 2-1, that District Court Judge Vincente G. Vigil neglected…
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Douglas County judge’s ‘abduction prevention’ measures against father overturned
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A Douglas County judge did not follow state law during divorce proceedings when he placed restrictions on a father’s ability to travel abroad with his children, Colorado’s second-highest court decided last week. In finalizing the divorce between Basil Badawiyeh and Michelle Mary Badawiyeh, District Court Judge Andrew Baum ordered that the passports of Basil Badawiyeh and…
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Nurse permitted to sue over Community College of Denver’s statement she did not graduate
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A Brighton woman who worked for 15 years as a nurse after graduating from the Community College of Denver may sue the school for its representation that she never received a degree, a career-altering allegation that reportedly plunged her into unemployment and foreclosure. The state’s Court of Appeals earlier this month reversed a decision by…
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Appeals court says Denver judge appropriately handled juror’s heart attack
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A Denver judge properly safeguarded the defendant’s rights when he ordered a jury to restart its deliberations after 11 hours with an alternate substituting for a juror who had a medical emergency, the state’s Court of Appeals decided. Ricardo Castro challenged his 2018 convictions for sexual assault on a child by claiming it was “inconceivable”…
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Adams County conviction overturned after judge’s borrowed jury instruction deemed problematic
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An Adams County judge provided a confusing instruction to jurors in a murder trial that failed to properly explain all of the nuances of self-defense, the state’s second-highest court ruled last month in reversing the defendant’s conviction. District Court Chief Judge Don Quick presided over Jorge Garcia’s 2018 trial, where the only question was whether…
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Appeals court upholds convictions for religious group’s killing of 2 girls
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Ashford Nathaniel Archer argued to the state’s second-highest court that there was insufficient evidence he committed child abuse resulting in death, stemming from his religious group’s 2017 killing of two girls in San Miguel County. The Court of Appeals disagreed last week, finding Archer was aware of the group’s overall decisions that led up to…
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Appeals court overturns Jeffco murder conviction after interrogators failed to clarify Miranda rights
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A man who shot his victim multiple times allegedly based on hallucinations will receive a new trial because the state’s second-highest court found Jefferson County law enforcement misled him about the constitutional right to an attorney prior to his confession. A three-judge panel for the Court of Appeals reviewed the video from Erik Jamal Newton’s…
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‘Agree to disagree’: Students weigh in on appeals court cases argued at Denver school
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The state’s second-highest court issued a pair of noteworthy decisions last week: One involving a golf course injury and the other delving into a trespassing incident in subfreezing temperatures. But what distinguished these cases from the 2,000 others filed with the Court of Appeals each year was the fact that a few dozen high school students…
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‘There’s stuff that has kept me up at night’: Judges speak candidly to Denver students
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Three members of the state’s Court of Appeals fielded questions from curious high school students on Tuesday, one of the most common subjects being how they could separate their emotions about cases from the impartial legal decisions they are expected to render. The judges conceded that it takes practice. “Sometimes I see myself getting mad…
