restitution
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Appeals court clarifies boundaries of restitution orders, return of seized property
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After two criminal defendants with convictions more than a decade old filed challenges implicating a pair of recent Colorado Supreme Court rulings, the state’s Court of Appeals has now filled in the gaps on the process for ordering restitution to victims and for reclaiming property seized by law enforcement. Two separate appellate panels took the…
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Appeals court overturns domestic violence convictions, finds Denver judge violated law
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A Denver judge did not follow the law when he sentenced a defendant as a habitual domestic violence offender instead of asking a jury to evaluate the man’s prior offenses, the state’s Court of Appeals ruled this month. Sheldon M. Ryan stood trial in 2018 for physically attacking his romantic partner, and a jury found…
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Appeals court finds El Paso judge had no authority to extend woman’s probation by 5 years
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An El Paso County judge had no legal authority to extend a woman’s probation by five years simply because she was too poor to make her entire restitution payment to her victim in time, Colorado’s second-highest court ruled last week. A three-judge panel of the Court of Appeals acknowledged trial judges may extend a defendant’s…
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Weld County judge violated law with serial restitution orders, appeals court finds
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A Weld County judge violated the state’s law on restitution when he repeatedly increased the amount of money owed to the victim years after the defendant’s conviction, Colorado’s second-highest court has found. Under the law, judges are permitted to sentence defendants to pay financial restitution to their victims in the future to cover therapy or…
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State Supreme Court accepts appeals on DIA noise, thwarted bike theft
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The Colorado Supreme Court agreed this week to hear two cases on appeal, involving Denver’s liability for noise violations at Denver International Airport as well as a Boulder thief’s role in damaging his victim’s car. Two other cases fell just short of the threshold for accepting an appeal, which requires agreement from three out of the…
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Adams County conviction overturned after judge’s borrowed jury instruction deemed problematic
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An Adams County judge provided a confusing instruction to jurors in a murder trial that failed to properly explain all of the nuances of self-defense, the state’s second-highest court ruled last month in reversing the defendant’s conviction. District Court Chief Judge Don Quick presided over Jorge Garcia’s 2018 trial, where the only question was whether…
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Colorado courts banned from ordering juveniles to pay restitution to insurance
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From 2016 to 2020, more than 200 juveniles in Colorado were ordered to pay more than $3.57 million in restitution fees to insurance companies. Now, that practice is over with the enactment of new legislation that immediately prohibiting courts from ordering juveniles to pay restitution to insurance companies, though it still allows the courts to…
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Colorado legislature OKs banning courts from ordering juveniles to pay restitution to insurance
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From 2016 to 2020, 234 juveniles in Colorado were ordered to pay more than $3.57 million in restitution fees to insurance companies, according to state data. That practice might be coming to an end with the passage of a new bill on Monday. House Bill 1373 seeks to prohibit courts from ordering juveniles to pay…
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House passes bill banning courts from ordering juveniles to pay restitution to insurance
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State House members approved a bill on Monday to ban courts from ordering juveniles to pay restitution to insurance companies. House Bill 1373 seeks to prohibit courts from ordering juveniles to pay restitution to insurance companies, though it still allows the courts to mandate juveniles pay restitution to victims. From 2016 to 2020, 234 juveniles in…
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Colorado House OKs measure creating pandemic supply stockpile
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The state House of Representatives approved a measure Monday to create an emergency stockpile of pandemic supplies. The bill passed almost entirely along party lines, with Democrats in support of the bill and most Republicans in opposition. It will now be sent to the state Senate for consideration in the coming weeks. If enacted, House…