miranda
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Colorado Supreme Court wary of requiring child welfare workers to give Miranda warnings prior to interrogations
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Members of the Colorado Supreme Court seemed hesitant on Wednesday to endorse the idea that child welfare workers must provide a Miranda warning before interrogating a parent in custody, even if the conversation will later be used in a criminal prosecution. The state’s Court of Appeals previously upheld the murder convictions of two men, both…
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Colorado Supreme Court, 5-2, endorses use of illegally obtained evidence against convicted man
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Even though police violated Ari Misha Liggett’s Miranda rights when they interrogated him, an Arapahoe County judge properly allowed prosecutors to use those statements against Liggett if he attempted to introduce evidence of his mental illness, the Colorado Supreme Court ruled on Monday. The 5-2 decision implicated the ability of mentally ill people to pursue…
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Former public defenders offer crash course on rights: Remain silent when interacting with cops
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On a Saturday morning in Aurora, more than a dozen audience members – mostly people of color – received a crash course in how to interact with police without compromising any constitutional protections. The overarching message: You have the right to remain silent, and you should use it. “The idea of talking yourself out of something is…
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By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest
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Even though Longmont police warned a man four times he was under arrest, told him “we are going to take you to jail” and stood in his doorway, the Colorado Supreme Court on Monday ruled that the man was not effectively in custody at the time. The 4-3 decision from the Supreme Court meant the…
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‘You guys will get me someone to talk to’ not a request for counsel, appeals court rules
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Colorado’s second-highest court ruled last week that an El Paso County defendant did not clearly invoke his constitutional right to an attorney when he wondered whether police could “get me someone to talk to right now” during his interrogation. Even though a Colorado Springs detective told Jacolby Hasan Williams he would “just proceed with the…
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Divided appeals court finds woman convicted of murder not subject to Miranda rights violation
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By 2-1, Colorado’s second-highest court last week decided police in Moffat County were not required to read a woman her Miranda rights in the two hours they supervised her, kept her in an interrogation room, bound her hands to preserve evidence and watched her make incriminating statements. Law enforcement are required to provide a Miranda…
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Appeals court orders new trial, further review after Adams County judge’s errors
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An Adams County judge gave jurors an instruction that misrepresented Colorado’s drug possession law, prompting the state’s Court of Appeals last week to reverse the felony conviction of Ashley Morgan. Moreover, a three-judge panel of the appellate court decided District Court Judge Priscilla J. Loew performed an incomplete analysis of whether an Adams County sheriff’s…
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Rights of mentally ill defendants under scrutiny of state Supreme Court
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A combination of factors made the case of Ari Misha Liggett unusual, including the crime for which he was convicted: poisoning and dismembering his mother in October 2012. But Liggett is now trying to convince the Colorado Supreme Court the criminal prosecution against him has broader implications for whether mentally ill defendants have a right…
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Appeals court finds district attorney violated defendant’s rights with comments
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A prosecutor in Morgan County crossed the line by implying a defendant was guilty because he chose to exercise his constitutional right to stay silent, Colorado’s second-highest court ruled last week. The Fifth Amendment protects a criminal defendant’s right against self-incrimination, and it is part of the Miranda warning a suspect receives in custody. The…
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Appeals court overturns Garfield County murder conviction due to coerced confession
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Local, state and federal interrogators coerced a confession out of a murder suspect in Garfield County, and his resulting statements could have affected the jury’s verdict, Colorado’s second-highest court determined on Thursday. There was no question that Gustavo Olivo-Tellez shot and killed his wife in Glenwood Springs early in October 2016. The dispute at trial…
