prosecutorial misconduct
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Appeals court overturns assault conviction due to Arapahoe County prosecutor’s misconduct
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Colorado’s second-highest court ordered a new trial on Thursday after concluding an Arapahoe County prosecutor’s improper commentary about a defendant’s constitutional right to silence undermined the fairness of his trial. A three-judge Court of Appeals panel acknowledged it was fair game for the prosecution to cross-examine defendant Dominic Jorge Martinez about inconsistencies between his trial…
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Appeals court chastises Denver prosecutor for inappropriate comment on defendant’s right to silence
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Colorado’s second-highest court agreed on Thursday that a Denver prosecutor inappropriately commented on a defendant’s constitutional right to silence during a jury trial, but the misconduct did not warrant a new trial in light of the overwhelming evidence of guilt. Byron L. Whitehorn is serving a prison sentence of 24 years to life after jurors…
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Appeals judge slams Denver prosecutor for ‘Dexter’ references at trial
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One member of Colorado’s second-highest court criticized a Denver prosecutor on Thursday for repeatedly comparing a defendant’s actions to the television show “Dexter” during a jury trial. A three-judge panel for the Court of Appeals declined to order a new murder trial for defendant Joseph Alden Corey. The majority conceded the prosecutor’s references to a…
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Prosecutorial misconduct, error-prone judge’s decision prompt appeals court to overturn homicide conviction
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Misconduct by two prosecutors and a Douglas County judge’s decision to bar crucial testimony prompted Colorado’s second-highest court on Thursday to reverse a woman’s vehicular homicide conviction. Jurors convicted Jennifer Lea Woodruff of killing her coworker, Christopher Roberts, in a car accident along Interstate 25. The defense’s theory was that Woodruff’s medical condition caused her…
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Appeals court finds numerous errors in 2 Mesa, El Paso County trials but upholds convictions
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Colorado’s second-highest court determined last week that numerous errors, including prosecutorial misconduct, pervaded a pair of criminal trials, but the missteps were not severe enough to warrant reversal of the defendants’ convictions. In El Paso County, jurors convicted Daniel Caleb Schwenk of assault and menacing, but could not reach consensus on an attempted murder charge.…
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El Paso County felony murder conviction overturned after appeals court cites numerous errors
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Colorado’s second-highest court last month ordered a new trial for a woman convicted of felony murder in El Paso County, finding multiple errors that were not individually damaging compromised the fairness of her trial when taken together. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be guilty…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors – including one who is now running for district attorney – to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Colorado Supreme Court, 4-3, agrees with drastic penalty for misconduct-plagued DA’s office
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The Colorado Supreme Court on Monday, by 4-3, agreed a Fremont County judge was within her authority to reduce a first-degree murder charge against a criminal defendant because the district attorney’s office was responsible for a pattern of withholding evidence across many cases in violation of its professional obligations. Despite the split decision, all members…
