prosecution
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Judge refuses to dismiss lawsuit from acquitted man against Denver officers
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A federal judge on Wednesday decided a man acquitted of murder by a Denver jury may sue the officers involved in the investigation for violating his rights, after they allegedly concealed information and failed to perform an adequate investigation. Although Micah Kimball claimed five law enforcement officers infringed on his Fourth Amendment right to be…
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Prosecutors, defense lawyers blindsided by new ‘reasonable doubt’ instruction
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Colorado’s prosecutors and criminal defense attorneys were caught off guard on Friday by a small judicial committee’s quiet change to the longstanding definition of “beyond a reasonable doubt” in the template instructions for jury trials. While prosecutors appeared cautiously supportive of the rewrite, defense lawyers condemned the sudden move. The Model Criminal Jury Instructions Committee,…
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Appeals court finds Pueblo judge had no authority to make defendant pay for dismissed case
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The state’s Court of Appeals has reversed the $67 charge a Pueblo County judge imposed on a criminal defendant, even though prosecutors had dismissed the case against him. A three-judge panel for the appellate court agreed state law did not allow District Court Judge Thomas Flesher to order such payment from Benjamin Franklin Sanchez, even if…
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State Supreme Court gives green light to prosecutors for charging DUI defendants anew
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One year after the Colorado Supreme Court laid down a new standard for prosecuting felony drunk driving cases and prompted the reversal of dozens of convictions, the justices have now clarified that prosecutors may, in fact, seek to try those defendants again for driving under the influence. It does not violate the constitutional protection against…
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McCann creates juvenile prosecution unit
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Denver District Attorney Beth McCann has announced the creation of a separate juvenile prosecutions unit within the district attorney’s office. Effective Wednesday, March 1, the Juvenile and Drug Courts Unit will be reorganized to establish a separate juvenile unit, led by its own chief deputy and specially selected deputies. The drug court unit will continue…
