mistrial
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Eagle County judge’s mistake prompts appeals court to overturn sex assault convictions
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An Eagle County judge neglected to declare a mistrial when the COVID-19 pandemic forced a postponement of the defendant’s trial date, pushing the proceedings outside of the speedy trial deadline and prompting Colorado’s second-highest court to overturn the convictions. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that…
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Appeals court sides with Weld County judge who dismissed criminal case for speedy trial violation
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Colorado’s second-highest court last week sided against Weld County prosecutors and agreed a trial judge correctly determined the consequence of his failure to declare a COVID-19-related mistrial was to dismiss the criminal charges against a defendant. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that means the government…
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Appeals court finds El Paso judge misunderstood law, orders case reinstated
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An El Paso County judge failed to follow the law when she preemptively dismissed a low-level drug case during the COVID-19 pandemic, the state’s Court of Appeals has determined. Although former District Court Judge Deborah J. Grohs was convinced the ongoing public health emergency and ensuing backlog of jury trials meant defendant Marckus Antonio Maxwell…
