reasonable doubt
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
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The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
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Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
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Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Colorado’s new ‘reasonable doubt’ instruction upheld, despite cautions from some appeals judges
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Colorado’s second-highest court has upheld the recently reworded definition of “reasonable doubt” that appears in the template jury instructions for criminal trials, which generated controversy at the time of its debut. In a pair of precedent-setting opinions issued the same day last week, two separate panels for the Court of Appeals found no legal deficiency…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s convictions because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lowered the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided in 2022 that some judges’ well-meaning…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s convictions because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lowered the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided in 2022 that some judges’…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s convictions because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lowered the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided in 2022 that some…
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Riverbeds, virtual court, sex abuse and more: The Colorado Supreme Court’s biggest decisions of 2022-23 | COVER STORY
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The Colorado Supreme Court this week wrapped up its calendar of oral arguments and weekly releases of decisions until the fall, leaving behind a roster of major rulings and edicts affecting the administration of justice. Chief Justice Brian D. Boatright said at a lawyers-and-judges conference in May that during the past year, the state’s highest court…
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Colorado appeals court reverses Adams County murder conviction due to judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s conviction because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lessened the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided last January that some…