miranda
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Fractured Supreme Court finds Adams County defendant did not invoke right to counsel in custody
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In an unusual decision on Tuesday, the Colorado Supreme Court ruled 5-2 that a criminal defendant did not clearly invoke his constitutional right to an attorney during a police interrogation, even though a majority of the justices actually believed the opposite was true. The appeal out of Adams County boiled down to a single moment…
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Fremont County detectives failed to honor Miranda rights, prompting appeals court to reverse conviction
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A Cañon City man serving 32 years in prison for the attempted murder of his wife will receive a new trial after the state’s second-highest court concluded detectives failed to honor his constitutional right against self-incrimination when interrogating him. Steven Todd Whitt appealed his convictions, arguing the trial court judge should have suppressed the video of…
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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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Appeals court orders new trial after detective failed to respect Eagle County man’s Miranda rights
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An Eagle County judge mistakenly allowed a man’s statements in custody to be admitted as evidence at trial, even though the detective interrogating Jacinto Zelaya-Zelaya ignored his desire to remain silent, the state’s second-highest court ruled on Thursday. Zelaya-Zelaya, who a jury convicted in 2017 of sexually assaulting a child, will now receive a new…
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Man who killed wife receives new trial after appeals court finds misunderstanding of Miranda rights
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A man serving a life sentence for murder will receive a new trial after the state’s second-highest court determined he failed to understand that he could have an appointed lawyer present during interrogation and Arapahoe County law enforcement did not correct him. Yury Sudakov appealed his 2018 conviction by arguing he had not knowingly waived…
