neeti pawar
-
Divided appeals court finds Gilpin County juror not biased against defendant
—
by
In a divided ruling on Thursday, Colorado’s second-highest court determined a Gilpin County judge acted appropriately by keeping a woman on a criminal jury after her admission that she “would need to hear that reason why” the defendant did not take the witness stand. A three-judge panel for the Court of Appeals acknowledged a quirk…
-
Appeals court sides with sheriffs, counties in tossing detainee death lawsuit
—
by
The state’s Court of Appeals has sided with Colorado’s counties and multiple sheriffs in finding Jefferson County Sheriff Jeff Shrader cannot be sued for the suicide death of a jail detainee. Unlike other wrongful death lawsuits and claims against government officials, which have a two-year filing window, state law carves out an exception for sheriffs.…
-
Appeals court reluctantly agrees dismissal of Hispanic juror not a constitutional violation
—
by
Despite its deep skepticism that Adams County prosecutors removed a Hispanic juror from a Hispanic defendant’s trial for reasons other than race, Colorado’s second-highest court on Thursday nevertheless found the prosecution’s conduct did not amount to a violation of the constitutional prohibition on race-based dismissals. A three-judge panel for the Court of Appeals emphasized the…
-
Appeals court halts local board’s attempt to open schools outside boundaries
—
by
Colorado’s second-highest court handed a win to the state’s 178 school districts on Thursday, putting a halt to an educational alliance’s practice of opening schools outside its own boundaries without local districts’ consent. State law enables school districts to join together as boards of cooperative educational services, or BOCES, in order to collectively provide certain…
-
Judges uphold police search stemming from IP address, but disagree on legal justification
—
by
Law enforcement in Clear Creek County was in the process of executing a search warrant at a Silver Plume home, looking for devices containing child pornography, when they encountered Kevin M. Dhyne, a tenant in the house’s basement. Dhyne volunteered to a detective that he used his landlord’s Internet – an admission that would culminate in…
-
Colorado school district not required to disclose superintendent search records, appeals court says
—
by
A Colorado Springs-based school district is not obligated to disclose additional candidate applications and closed-door session recordings from its 2019 search for a new superintendent, Colorado’s second-highest court has ruled. On Thursday, a three-judge panel for the Court of Appeals interpreted the state’s open records and open meetings laws to mean Academy District 20 could…
-
Appeals court pushes back against racial bias in jury selection
—
by
Colorado’s second-highest court laid down new rules on Thursday to discourage the exclusion of people of color from juries for reasons that, while not explicitly racial, are nevertheless correlated with race. Two separate panels of the state’s Court of Appeals issued rulings that, in part, forbid the dismissal of Black jurors solely because they reveal…
-
Biased jurors cause appeals court to overturn burglary, theft convictions
—
by
Colorado’s second-highest court has overturned a woman’s convictions for burglary and theft after a Lincoln County judge permitted two biased jurors to serve. Although the state and federal constitutions guarantee the right to an impartial jury, multiple people who sat on Kathyrn Therese Oakes’ jury voiced their opinion that the criminally accused may be “hiding…
-
Split appeals court rules Aurora police needed to give Miranda warning to road rage suspect
—
by
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…
-
Appeals court says children’s age, maturity must factor into prosecutions for sexual contact
—
by
An 11-year-old boy in Denver was “spinning around” a female classmate and made contact with her genitals and buttocks. The boy also reportedly told her “sexual things,” but there was no evidence of what he actually said. A juvenile court judge in Denver found the boy, J.O., had committed unlawful sexual contact under the circumstances…
