prior convictions
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Colorado Supreme Court rejects expanded role for juries in analyzing prior convictions
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The Colorado Supreme Court on Tuesday rejected the argument that juries should be the ones who increase the severity of a defendant’s convictions by evaluating prior convictions – meaning judges alone retain the authority to transform a misdemeanor into a felony in some instances. The question of whether juries should decide beyond a reasonable doubt whether…
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Delta County judge let biased juror serve, appeals court finds in reversing convictions
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A Delta County judge allowed a biased juror to serve in a woman’s drunk driving trial, the state’s Court of Appeals concluded last week in reversing the defendant’s convictions. A three-judge panel for the Court of Appeals noted the juror, identified as S.B., volunteered during jury selection that she would assume Katherine Susan Griswold was…
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Colorado Supreme Court ponders role of juries in evaluating prior convictions
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More than two years ago, when the Colorado Supreme Court found that juries, not judges, must decide if people accused of felony drunk driving are repeat offenders, it prompted defendants found guilty of other offenses to wonder whether their own prior convictions were something prosecutors must prove to juries beyond a reasonable doubt. In two…
