people v. weeks
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Divided appeals court overturns defendant’s $350,000 restitution obligation
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Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
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Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
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Colorado’s second-highest court voided a defendant’s obligation to pay more than $66,000 in crime victim restitution last week, finding a Mesa County judge neglected to follow the process laid out in state law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so, prosecutors generally need to…
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Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
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The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted how convicted defendants can take advantage of favorable law changes on appeal. At least three of the court’s seven members must agree…
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Colorado Supreme Court accepts cases on campaign transparency, crime victim restitution
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The Colorado Supreme Court announced on Monday that it will review whether the state’s requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. At least three of the court’s seven members must agree to hear an appeal. The justices also accepted a case implicating Colorado’s crime…
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Despite tough talk, Colorado justices punch holes in 2021 crime victim restitution ruling
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In a package of five opinions released on Tuesday, the Colorado Supreme Court stood by its general interpretation of the state’s crime victim restitution law from four years ago, while it simultaneously agreed that some judges’ violations of the law are not subject to challenge. The marathon set of oral arguments last fall made clear…
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Divided appeals court upholds judge’s decade-old violation of restitution law
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Colorado’s second-highest court turned aside a defendant’s challenge earlier this month to a judge’s decade-old order that he pay $28,518 in crime victim restitution, even though the judge failed to comply with state law in doing so. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Appeals court overturns $9,150 restitution order after Jeffco judge did not follow law
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Colorado’s second-highest court last week overturned an order for a criminal defendant to pay $9,150 to his victim, citing the trial judge’s failure to abide by the legal process for imposing financial restitution. In Colorado, as part of sentencing, judges must consider whether defendants owe restitution to their victims. If so, prosecutors generally need to provide…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
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A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
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During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…
