restitution
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
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Appeals court warns judges, prosecutors to stop dragging feet on victim restitution
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Colorado’s second-highest court on Thursday warned that prosecutors should be moving faster to determine the financial restitution owed to crime victims, and that trial judges are empowered to nudge the prosecution along by setting a timeline for calculating the amount owed. The decision from the Court of Appeals is the latest in a spate of restitution-related…
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Colorado Supreme Court takes up another restitution appeal
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The Colorado Supreme Court announced on Tuesday it will hear another case interpreting the procedure trial judges use when ordering criminal defendants to pay financial restitution to their victims. At least three of the court’s seven members must agree to review an appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically…
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Colorado Supreme Court upholds Boulder bike thief’s restitution to victim
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The Colorado Supreme Court on Monday upheld the $2,394 in restitution a Boulder thief owed for damaging his victim’s car as he fled, rejecting the argument that the victim’s actions actually caused the damage. In the process, the justices also clarified defendants have to clear a high threshold when challenging a trial judge’s finding that…
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Colorado justices hear arguments on Jeffco slip-and-fall, man’s pursuit of bike thief
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Members of the Colorado Supreme Court on Thursday considered whether the state law that broadly shields the government from civil lawsuits applies to upgrades of public parking garages, raising the possibility of cities and counties being increasingly on the hook for personal injury claims in the future. The justices also heard a second case questioning…
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Colorado appeals court issues rulings on drug money, Pueblo councilman’s vandalism
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Colorado’s second-highest court on Thursday decided a pair of cases involving financial restitution to crime victims, finding defendants are not obligated to repay police departments for money used in drug purchases and also upholding a Pueblo council member’s duty to pay $3,800 for his vandalism. Under Colorado law, most convictions require judges to consider whether…
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Boulder County judge, prosecutor blew past deadline, appeals court finds in voiding restitution
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Colorado’s second-highest court on Thursday erased the $3,157 a man convicted of burglary owed to his victims because a Boulder County judge and prosecutor disregarded the deadline in state law for ordering restitution. The same day, the Court of Appeals also overturned another defendant’s obligation to pay $17,360 in restitution, again because a trial judge did…
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Colorado Supreme Court takes up El Paso County criminal case
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The Colorado Supreme Court announced on Monday that it will hear an appeal out of El Paso County questioning how criminal defendants can challenge the validity of an order to pay restitution to their victims, if the order occurs beyond the legal deadline. At least three of the court’s seven members must agree to review…
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Weld County attempted murder conviction overturned due to faulty jury instruction
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Colorado’s second-highest court overturned a man’s attempted murder conviction and 32-year prison sentence because a Weld County jury actually convicted him of a non-existent crime. To be guilty of attempted murder, a defendant’s conduct must amount to a substantial step toward committing murder. However, for reasons that were unclear, Wade Michael Egloff’s jury was asked…
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Colorado appeals court divided on timeline for awarding restitution to crime victims
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Nearly two years after the Colorado Supreme Court clarified that the typical method by which judges and prosecutors were awarding restitution to crime victims was incorrect, the state’s Court of Appeals is again divided over what the proper procedure looks like. Last week, a three-judge appellate panel disagreed whether El Paso County District Court Judge…