probation
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Sentencing practices, jury pet peeves and more: Federal judges give peek behind the curtain
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
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
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
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…
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Appeals court, 2-1, says judge went too far in authorizing ‘continuous’ monitoring of man’s devices
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
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
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
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
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’
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…