murder
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
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The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Divided appeals court reverses murder convictions due to faulty self-defense instruction
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Colorado’s second-highest court concluded last week that an incomplete self-defense instruction required the reversal of an El Paso County defendant’s murder convictions. Demetrius Montez Martin was among those present late at night at a club in Colorado Springs. An argument ensued and Martin got in his vehicle and drove off. Someone fired multiple gunshots in…
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Appeals court divided over effect of retroactive sentence on parole calculation
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Colorado’s second-highest court grappled last week with the framework for calculating a defendant’s earliest possible parole date in light of two intersecting legal principles — a judge’s ability to make an order retroactive, and the requirement that separate, simultaneous sentences be treated as one continuous sentence. By 2-1, a three-judge Court of Appeals panel decided…
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Colorado justices uphold shooting conviction despite jury saying defendant not the shooter
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The Colorado Supreme Court ruled on Tuesday that a man can stand convicted of murder, even though jurors found he was not the one who shot the victim and the evidence suggested he was not present for the shooting. There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017.…
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Colorado Supreme Court to review child custody decision
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The Colorado Supreme Court announced on Monday that it will review whether the state’s second-highest court described the correct framework for deciding whether to terminate a parent’s legal rights over a child. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one vacancy that will…
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Colorado Supreme Court to hear cases on insurance coverage for COVID, witness credibility
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The Colorado Supreme Court announced on Tuesday that it will decide the degree to which a virus or other hazard must affect a commercial property before it can trigger loss-or-damage coverage under an insurance policy. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one…
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Colorado justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
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Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
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Appeals court overturns road rage murder conviction due to faulty jury instruction
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Colorado’s second-highest court overturned a defendant’s murder conviction on Thursday, concluding an Arapahoe County judge provided an incorrect self-defense instruction to the jury about the road rage encounter. In November 2020, Romeo Desean Thompson was behind Phillip Hunt at an intersection. The light turned green, but Hunt did not immediately move forward. Thompson honked, after…
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Colorado justices: El Paso County judge erred by removing prosecutor for comments about stabbing public defenders
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The Colorado Supreme Court, by a 5-1 vote, concluded on Monday that an El Paso County judge mistakenly removed a prosecutor from a murder case after he was overheard saying he hoped the defendant would stab public defenders if he were released from custody. As the prosecution and the defense litigated Rocky Wayne West’s competency…
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Two charged with murder of woman in Westminster parking lot
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Two men face murder charges after a fatal shooting in Westminster last month. The 17th Judicial District Attorney’s Office said it officially filed murder charges against 19-year-old Daniel Romero and 24-year-old Michael Fernandez, Jr. on Monday morning. The charges stem from an incident that occurred in a parking lot in the 8400 block of Decatur…
