rape shield
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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Colorado Supreme Court returns 3 cases to trial courts with instructions
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The Colorado Supreme Court decided three appeals this month in ongoing civil and criminal cases, either overturning trial judges’ faulty decisions or providing clarification for further proceedings. Although most of the Supreme Court’s decisions come at the conclusion of a case and after the Court of Appeals has rendered its ruling, the justices sometimes elect…
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Douglas County judge let prosecutors present misleading evidence of sex assault, appeals court rules
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A Douglas County judge allowed prosecutors to mislead the jury into thinking they should still convict a man of sexual assault despite the absence of his DNA, Colorado’s second-highest court ruled on Thursday in overturning the convictions of Clayton Angus Hood. Jurors found Hood guilty of raping a teenage girl who lived in his household.…
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Douglas County judge let prosecutors present misleading evidence of sex assault, appeals court rules
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A Douglas County judge allowed prosecutors to mislead the jury into thinking they should still convict a man of sexual assault despite the absence of his DNA, Colorado’s second-highest court ruled on Thursday in overturning the convictions of Clayton Angus Hood. Jurors found Hood guilty of raping a teenage girl who lived in his household.…
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Colorado Supreme Court to analyze how wage law applies to Amazon holiday pay
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The Colorado Supreme Court recently announced it will decide whether Amazon is complying with the state’s wage law by excluding shifts worked on holidays when calculating employees’ overtime pay. At least three of the court’s seven members must agree to hear an appeal. The case addressing overtime pay came to the Supreme Court through an…
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Appeals court overturns Boulder man’s sex assault convictions because judge misapplied law
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Colorado’s second-highest court last month overturned a man’s sex assault convictions and indefinite prison sentence because a Boulder County judge wrongly blocked jurors from hearing evidence about the alleged victim’s reason for fabricating the claims. Jose Gilberto Contreras-Guzman stood trial in 2016 on multiple charges of sexually assaulting an 8-year-old relative. The prosecution argued the…
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Colorado Supreme Court to hear criminal appeals on racial bias, ‘Make My Day’ defense
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The Colorado Supreme Court announced earlier this month that it will review multiple criminal cases, with issues ranging from racial bias in jury selection and the meaning of a parent-child relationship to the law justifying deadly force against home intruders. At least three of the court’s seven members must agree to hear a case on…
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Colorado Supreme Court reviews 3 cases, including prosecutor’s office plagued by misconduct
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The Colorado Supreme Court has signaled it may intervene in three ongoing criminal cases, including one where the district attorney’s office chronically fails to turn over evidence to defendants – a practice that violates procedural rules and has angered trial judges in central Colorado. In the past few weeks, the Supreme Court has ordered parties to…
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Appeals court overturns woman’s sexual assault conviction after judge let biased juror serve
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A woman convicted of sexually assaulting a child will receive a new trial after the state’s Court of Appeals determined a Boulder County judge should have dismissed a juror who acknowledged he was more likely to believe children witnesses over adults. The three-judge panel for the appellate court also decided for the first time that…