probation
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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10th Circuit orders resentencing after government concedes man’s serious probation violation cannot stand
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The Denver-based federal appeals court granted an unusual joint request between the prosecution and the defense on Wednesday, directing a judge to resentence a man who was incorrectly found guilty of a severe probation violation. There are multiple classifications of federal probation violations, with Grade C being the least serious and Grade A being the…
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Denver judge wrongly found government had proven juvenile’s probation violation, says appeals court
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Colorado’s second-highest court last month rejected a Denver judge’s conclusion that a juvenile defendant had violated the terms of his probation, which resulted in a sentence of 15 days’ detention plus additional probation. In a May 1 opinion, a three-judge Court of Appeals panel noted a juvenile identified as M.M-S. pleaded guilty to possessing a…
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Colorado justices allow sentences of probation after prison, even though prison-plus-probation illegal
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Even though the Colorado Supreme Court ruled five years ago that sentences of prison plus probation are illegal, the justices decided on Monday that judges were permitted to fix those sentences by imposing basically the same punishment. In its 2019 decision of Allman v. People, the Supreme Court ruled that state law treats probation as an…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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Appeals court divided over whether La Plata County judge’s illegal sentence is ‘salvageable’
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Colorado’s second-highest court on Thursday agreed a La Plata County judge imposed an illegal sentence, but remained divided about whether it should repair the problem itself. In the underlying case, Jacob Daniel John Jost pleaded guilty in 2023 to criminal mischief and received a sentence of two years’ probation. Later that year, he violated his…
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Sentencing practices, jury pet peeves and more: Federal judges give peek behind the curtain
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At a gathering of federal judges and attorneys last week, one member of the bench disclosed that she has instituted a new practice of meeting with criminal defendants after they finish their incarceration to discuss their plans for success on supervised release. “It’s not an interview, it’s a dialogue,” said U.S. District Court Judge Charlotte…
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Colorado Supreme Court tiptoes around prior edict forbidding prison plus probation
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Five years ago, the Colorado Supreme Court interpreted state law to prohibit judges from imposing a sentence of prison plus probation in a single criminal case. But on Wednesday, the justices appeared to endorse the idea that judges could resentence affected defendants in a fashion that preserves the same — illegal — punishment. In its 2019 decision…
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Colorado Supreme Court to hear cases on open records, illegal sentencing, insurance dispute
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The Colorado Supreme Court announced on Monday it will hear appeals in multiple cases, including the question of whether the public may access information about law enforcement officers who have been decertified for misconduct. At least three of the court’s seven members must agree to review an appeal. Among the cases granted, the justices took…
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Appeals court upholds restrictions on court access for man who threatened 2 judges
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Colorado second-highest court agreed last month that the restrictions imposed upon a man who harassed multiple Western Slope judges did not unconstitutionally infringe upon his right to access the courts. As part of his probationary terms for the offense of retaliating against a judge, Brett Andrew Nelson was required to obtain a court’s permission before…
