probation
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Appeals court, 2-1, says judge went too far in authorizing ‘continuous’ monitoring of man’s devices
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A Weld County judge mistakenly upheld a requirement that a defendant subject himself to ongoing monitoring of his keystrokes and data, including conversations with his attorneys, as part of his probation, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals decided, 2-1, that District Court Judge Vincente G. Vigil neglected…
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Appeals court clarifies Fifth Amendment rights of sex offense probationers
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Colorado’s second-highest court clarified last week that if a defendant on sex-offender probation refuses to accept responsibility for his crime as a condition of treatment, the Fifth Amendment’s protection against self-incrimination may prohibit a judge from revoking his probation as a punishment. A three-judge panel for the Court of Appeals specified that its decision applied…
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Appeals court says trial judges cannot initiate probation revocation proceedings
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An Arapahoe County judge went beyond his legal authority when he ordered a defendant’s probation officer to seek revocation of the man’s probation, Colorado’s second-highest court decided last week. The three-judge panel for the Court of Appeals also took the unusual step of removing District Court Judge Ben L. Leutwyler from the case going forward.…
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Appeals court finds El Paso judge had no authority to extend woman’s probation by 5 years
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An El Paso County judge had no legal authority to extend a woman’s probation by five years simply because she was too poor to make her entire restitution payment to her victim in time, Colorado’s second-highest court ruled last week. A three-judge panel of the Court of Appeals acknowledged trial judges may extend a defendant’s…
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Divided state Supreme Court says judges cannot review discipline of judicial workers
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In an extraordinary decision pitting one part of the state’s judicial branch against another part, the Colorado Supreme Court decided on Monday, by 4-3, that trial judges are not permitted to hear disciplinary appeals involving judicial employees – an option afforded to other government workers. The majority of justices believed the court system’s personnel rules made…
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10th Circuit rejects claim that judge sentenced man ‘in advance’
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A judge in Colorado did not improperly sentence a man “in advance” when he promised the type of consequence he would impose for a repeat offense and then followed through on that promise, the federal appeals court based in Denver ruled on Monday. Maitise Crews, who has a lengthy criminal history, is serving a 21-month…
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Adams County prosecutors disregarded medical marijuana law in revoking probation, appeals court says
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Prosecutors in Adams County were responsible for revoking a woman’s probationary sentence because she was using medical marijuana, even though the law allowed her to do so, the state’s Court of Appeals determined. A three-judge panel for the appeals court was concerned that prosecutors had operated with an ulterior motive. Although the district attorney’s office…
