right to counsel
-
Douglas County judge wrongly let man represent himself, appeals court rules in reversing convictions
—
by
A Douglas County judge was wrong to let a man represent himself at trial without ensuring he understood the basic elements of his case first, Colorado’s second-highest court ruled on Thursday in overturning the defendant’s convictions. The Court of Appeals’ decision was the second time this year it ordered a new trial for David Antonio…
-
Montrose County judge wrongly terminated woman’s parental rights without lawyer, appeals court finds
—
by
A Montrose County judge terminated a woman’s legal rights over her child after improperly denying her request for an attorney, Colorado’s second-highest court decided on Thursday. Under Colorado law, parents who are involved in child neglect cases have the right to legal representation at “every stage of the proceedings.” They can, however, choose to proceed…
-
Douglas County judge wrongly let man represent self at trial, appeals court finds
—
by
A Douglas County judge failed to ensure a defendant understood the charges against him and the consequences of proceeding without a lawyer before she allowed him to represent himself at trial, Colorado’s second-highest court ruled on Thursday. Criminal defendants may give up their constitutional right to counsel, but the decision must be voluntary, intelligent and…
-
Appeals court overturns convictions of mentally ill man who represented himself
—
by
An Arapahoe County judge improperly allowed a mentally ill man to represent himself at trial, stating explicitly that the defendant was “making no sense whatsoever” before letting him proceed alone, Colorado’s second highest court ruled in ordering a new trial. Then-District Court Judge Michael Spear attempted to convince David Antonio Ruffin that he would be…
-
Colorado appeals court recognizes right to effective counsel in forced-medication cases
—
by
For the first time, Colorado’s second-highest court has recognized there is a right to effective assistance of counsel for people involved in criminal cases whom the government wishes to forcibly medicate. A three-judge panel relied on similar decisions from other states and the principle that involuntary medication proceedings can result in a loss of liberty,…
-
Colorado appeals court finds no problem with juror who was ‘buddies’ with law enforcement witness
—
by
The state’s Court of Appeals ruled last week that a juror who was “buddies” with one of the prosecution’s witnesses was not biased and properly served on a Gilpin County criminal trial. Jurors convicted William Allen Davis in 2017 of multiple driving-related charges. Then-District Court Judge Dennis J. Hall cautioned beforehand that because Gilpin County…
-
Colorado Supreme Court rules prosecutors entitled to drunk driving suspect’s medical records
—
by
Because a woman accused of driving drunk planned to argue that any intoxication she experienced was involuntary, the Colorado Supreme Court agreed on Monday that Arapahoe County prosecutors are entitled to see her post-accident medical records. Noelle Dawn Kelley appealed directly to the state’s highest court after a trial judge ruled Kelley had “injected her…
-
Colorado appeals court overturns convictions after Garfield County judge violated right to counsel
—
by
A Garfield County judge failed to follow the proper procedure when he effectively forced a criminal defendant to represent himself at trial, prompting the state’s Court of Appeals to reverse the convictions on Thursday. A jury convicted Tony Lee Bergman Jr. of multiple offenses related to the possession of child pornography. During the three years…
-
Colorado Supreme Court rules poor defendants have no right to keep assigned lawyer
—
by
There is no constitutional right for indigent criminal defendants to go to trial with their preferred public defender, even though defendants who are wealthy enough to hire an attorney do enjoy that ability, a majority of the Colorado Supreme Court ruled on Monday. In a pair of 6-1 decisions, the Supreme Court determined that poor…
-
Appeals court says Denver judge forced man to choose between right to attorney, speedy trial
—
by
Colorado’s second-highest court last week reversed a man’s convictions after finding a Denver judge forced him to choose between postponing his jury trial if he wanted a lawyer or continuing to trial as scheduled, but with no attorney. Aurelio DeSantiago opted to represent himself and a jury convicted him of multiple assault charges. He received…
