miranda rights
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Divided Colorado Supreme Court finds Denver detective did not violate defendant’s Miranda rights
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The Colorado Supreme Court determined on Monday that a Denver detective did not improperly resume questioning of a defendant in custody after he invoked his right to counsel. By 4-3, the justices reversed a trial judge’s order that found a violation of Dakotah J. Lulei’s Miranda rights. The Supreme Court’s majority based its decision on…
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Colorado justices, by 5-2, say Longmont detective did not violate suspect’s Miranda rights
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The Colorado Supreme Court’s majority ruled on Monday that a Longmont detective did not coerce a suspect into talking by making references to how a judge would look at his character, and by suggesting he may get out of prison “in time to see your son’s prom.” Under the landmark U.S. Supreme Court decision Miranda…
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Colorado justices skeptical Aurora officer committed Miranda violation on road rage suspect
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Members of the Colorado Supreme Court appeared skeptical last week that a road rage suspect was “in custody” at the time an Aurora police officer interrogated him, as the state’s second-highest court believed was the case. Under the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, police must inform a suspect of their rights to…
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Boulder County detectives violated suspect’s Miranda rights, Supreme Court rules
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Boulder County sheriff’s detectives continued to interrogate a murder suspect even after he definitively invoked his constitutional right to remain silent, the Colorado Supreme Court concluded on Monday in barring the prosecution from using the man’s in-custody statements at trial. The Boulder County District Attorney’s Office insisted a pair of detectives attempted to end the…
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Colorado Supreme Court to hear 2 criminal cases, school district dispute
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The Colorado Supreme Court announced this week that it will hear a pair of criminal appeals questioning whether a murder suspect was in custody at the time of her interrogation, and whether police acted constitutionally when they executed an Internet-based search warrant. At least three of the court’s seven members must consent to review a…
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Colorado Supreme Court, 4-3, finds Thornton detectives coerced murder suspect into talking
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Two Thornton detectives made multiple misleading statements to a murder suspect before asking him to give up his Miranda rights, effectively coercing the man into talking, the Colorado Supreme Court ruled on Monday. Detectives repeatedly reassured Thorvyn Bullcalf Evan Smiley he would leave the interrogation room a free person and was “not in trouble.” They…
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Split appeals court rules Aurora police needed to give Miranda warning to road rage suspect
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Colorado’s second-highest court has reversed a man’s assault convictions in Arapahoe County because police failed to provide a Miranda warning at the point when their interrogation effectively placed the defendant in custody. A panel of the Court of Appeals decided, by 2-1, that while Aurora police did not need to advise Terrence Kenneth Eugene of…