murder
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Appeals judge calls for investigation into law firm’s handling of potential murder weapon
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A member of Colorado’s second-highest court took the extraordinary step on Thursday of calling for an investigation into the “serious ethical issues” raised by a criminal defense firm’s concealment of a potential murder weapon at its office without notifying the prosecution. A three-judge Court of Appeals panel upheld the convictions of Daniel Jesus Lopez, who is…
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Denver judge failed to let defendant speak, appeals court finds in overturning 48-year sentence
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A Denver judge did not satisfy her obligation to ensure a defendant knew he could speak on his own behalf at sentencing, Colorado’s second-highest court determined in ordering a new sentencing hearing on Thursday. Jurors convicted Joe Pinheiro of second-degree murder in 2022 for fatally shooting Philip Malinowski five years earlier. The parties disputed whether Pinheiro’s…
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Appeals court orders new murder trial for teen after judge blocked self-defense evidence
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Colorado’s second-highest court overturned a defendant’s murder conviction last week after concluding an Arapahoe County judge wrongly barred evidence suggesting the man acted in self-defense. There was no dispute that 18-year-old Joseph Dean McCaughin shot and killed 16-year-old Ryan Robertson in Aurora in May 2019. In the prosecution’s telling, McCaughin was jealous of Robertson, who was…
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Robert Ray’s murder convictions upheld despite numerous errors, Colorado Supreme Court rules
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The Colorado Supreme Court on Monday declined to grant a new trial to a man convicted for orchestrating a pair of 20-year-old murders in Aurora, despite identifying numerous errors at his trial. Arapahoe County jurors convicted Robert Keith Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received a death sentence and…
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Colorado Supreme Court to hear case about relevance of consensual bondage activity
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The Colorado Supreme Court announced on Monday that it will review whether evidence of a defendant’s recent plans for BDSM activity with his alleged victim was relevant to his theory that he did not intend to cause serious bodily injury. At least three of the court’s seven members must agree to take up a case…
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Appeals court orders new murder trial after Denver judge gave faulty self-defense instruction
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Colorado’s second-highest court overturned a man’s murder conviction and life sentence on Thursday after concluding a Denver judge gave a problematic self-defense instruction to jurors, casting doubt on the verdict. Jurors delivered a split verdict, acquitting Oscar D. Villegas-Ortega of first-degree murder after deliberation, but convicting him of another murder charge as well as manslaughter and assault.…
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Appeals court says prosecutors may use evidence of defendant abusing witness to boost credibility
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Colorado’s second-highest court ruled last week that prosecutors may introduce evidence at trial of a defendant’s past abuse of a witness if it will help jurors understand why the witness may have originally lied to protect the defendant. Romando Marquis Jones and Dacey Spinuzzi are both serving prison sentences for the death of 14-month-old Aiden Seeley, who…
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Federal judge advances convicted man’s lawsuit over $3,406 still in Denver’s possession
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A federal judge this month agreed an incarcerated man may proceed to sue Denver and the commander of its major crimes division for refusing to return $3,406 that authorities confiscated after his arrest 20 years ago. Jurors convicted Brian Hicks of murder in 2011. Originally, police arrested Hicks in 2005 and charged him with attempted…
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Colorado justices say judge had no grounds to order defendant to turn over info to prosecution
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The Colorado Supreme Court agreed on Monday that a trial judge had no authority to order a defendant to give the prosecution a preview of what his expert witness would say at a hearing to challenge his murder convictions. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for…