right to silence
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Appeals court chastises Denver prosecutor for inappropriate comment on defendant’s right to silence
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Colorado’s second-highest court agreed on Thursday that a Denver prosecutor inappropriately commented on a defendant’s constitutional right to silence during a jury trial, but the misconduct did not warrant a new trial in light of the overwhelming evidence of guilt. Byron L. Whitehorn is serving a prison sentence of 24 years to life after jurors…
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Appeals court expresses ‘some concerns’ with Mesa County judge’s cookie analogy
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Colorado second-highest court expressed “some concerns” last week about a Mesa County judge’s comparison of a defendant’s constitutional right to silence to a hypothetical child who has obviously eaten cookies but refuses to admit it. However, a three-judge Court of Appeals panel agreed the illustration did not undermine the fairness of the trial because then-District…
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Boulder County detectives violated suspect’s Miranda rights, Supreme Court rules
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Boulder County sheriff’s detectives continued to interrogate a murder suspect even after he definitively invoked his constitutional right to remain silent, the Colorado Supreme Court concluded on Monday in barring the prosecution from using the man’s in-custody statements at trial. The Boulder County District Attorney’s Office insisted a pair of detectives attempted to end the…
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Colorado Supreme Court to review safeguards against interrogations by child welfare workers
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The Colorado Supreme Court announced on Monday that it will review two murder cases implicating a question the court has never answered: When a child welfare worker questions a suspect in custody, must they provide a Miranda warning first? At least three of the court’s seven members need to consent to hear a case on…
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Arapahoe County murder conviction overturned due to prosecutor misconduct
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A teenager convicted of murder will receive a new trial after Colorado’s second-highest court determined on Thursday that Arapahoe County prosecutors inappropriately used the defendant’s constitutional right to silence as evidence of his guilt. Jurors convicted Marquez Woodruff in 2019 of fatally shooting Terry Capler in the latter’s Aurora home. Woodruff, who was 16 at the time…
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Former public defenders offer crash course on rights: Remain silent when interacting with cops
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On a Saturday morning in Aurora, more than a dozen audience members – mostly people of color – received a crash course in how to interact with police without compromising any constitutional protections. The overarching message: You have the right to remain silent, and you should use it. “The idea of talking yourself out of something is…
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Colorado appeals court reverses assault conviction due to Denver prosecutor’s misconduct
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Colorado’s second-highest court on Thursday reversed a woman’s assault conviction and nine-year prison sentence because a Denver prosecutor improperly commented upon Cristina Rogers’ constitutional right not to testify. A three-judge panel for the Court of Appeals explained that even indirect statements about a defendant exercising their right against self-incrimination can trigger reversal if the prosecution…
