probable cause
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Federal judge green-lights lawsuit for trial by man arrested for recording Denver police station
A jury will decide whether two Denver police officers violated a man’s First Amendment rights when they arrested him for recording at a police station, a federal judge ruled on Monday. There was no dispute that a sign was posted on the window of the District 5 station in northeast Denver prohibiting video recording “in”…
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Colorado AG’s office scolded by appeals court for belated shift in argument
The Colorado Attorney General’s Office received a rebuke from the state’s second-highest court on Thursday after it asked a panel of appellate judges to reverse course on a recent decision with an argument it never raised previously. Under the state’s appellate rules, a party may submit a petition for rehearing to the Court of Appeals…
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Colorado Supreme Court returns 3 cases to trial courts with instructions
The Colorado Supreme Court decided three appeals this month in ongoing civil and criminal cases, either overturning trial judges’ faulty decisions or providing clarification for further proceedings. Although most of the Supreme Court’s decisions come at the conclusion of a case and after the Court of Appeals has rendered its ruling, the justices sometimes elect…
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No probable cause hearing for defendant already in prison, appeals court says
An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…
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No probable cause hearing for defendant already in prison, appeals court says
An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Judge sanctions woman suing Colorado Springs police, finds she withheld evidence
A federal judge last week authorized financial sanctions against a woman and her lawyers who are suing Colorado Springs police for a constitutional violation, finding she disobeyed court orders and failed to hand over evidence to the defense. Sasha Cronick is pursuing claims of unreasonable search and seizure and false arrest against the officers who…
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Appeals court orders prison riot charges reinstated against Fremont County inmate
Colorado’s second-highest court on Thursday concluded a trial judge and a magistrate in Fremont County both mistakenly dismissed prison rioting charges against an incarcerated man when they should have found probable cause existed to proceed to trial. During a preliminary hearing in the case of Dreion M. Dearing, where the prosecution needed to demonstrate probable…