sentencing
-
Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
—
by
A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
-
10th Circuit to address resentencing of probation violators in rare all-judges hearing
—
by
The Denver-based federal appeals court agreed on Thursday to hold a rare all-judges hearing to determine the proper procedure for resentencing a criminal defendant who has violated the terms of his probation. In the federal appellate courts, the vast majority of cases are decided in three-judge panels. Occasionally, the courts will vote to have all…
-
Colorado justices splinter over approach to sentencing review
—
by
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
-
10th Circuit rejects defendant’s theory for re-sentencing probation violators
—
by
The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
-
Ethics panel clarifies municipal judges’ use of info from prosecutors OK
—
by
The Colorado Supreme Court’s ethics panel clarified on Tuesday that municipal judges are permitted to receive police reports, accident reports, drivers’ histories and criminal histories directly from prosecutors without it amounting to misconduct. The Colorado Judicial Ethics Advisory Board, which consists of judges, lawyers and a non-attorney, reasoned that state law permits or requires judges…
-
10th Circuit finds judge erred in imposing sex offender treatment for man’s bank robbery conviction
—
by
The Denver-based federal appeals court concluded on Friday that a judge imposed sex offender treatment for a defendant’s attempted bank robbery conviction in violation of federal sentencing rules. James Robert Clark is serving 78 months in prison for an attempted December 2023 bank robbery in Commerce City. He will also serve two years of supervised…
-
Appeals court reminds judges to advise defendants of rights prior to virtual sentencings
—
by
Colorado’s second-highest court reminded trial judges on Thursday that they must advise criminal defendants of their right to appear in person before imposing a sentence virtually. A Boulder County jury convicted Levi Valles in November 2022 of multiple offenses, but Valles experienced a severe medical emergency prior to sentencing. Consequently, he was unable to appear…
-
Appeals court rules harsher sentence after appeal does not mean judge was ‘vindictive’
—
by
Colorado’s second-highest court ruled last week that a Jefferson County judge subjected a man to a harsher sentence following a successful appeal because the parole eligibility date was pushed back by multiple years, but that fact alone did not mean the judge acted “vindictively.” In 2015, the state Supreme Court noted that when a criminal…
-
Sentencing practices, jury pet peeves and more: Federal judges give peek behind the curtain
—
by
At a gathering of federal judges and attorneys last week, one member of the bench disclosed that she has instituted a new practice of meeting with criminal defendants after they finish their incarceration to discuss their plans for success on supervised release. “It’s not an interview, it’s a dialogue,” said U.S. District Court Judge Charlotte…
-
Colorado Supreme Court tiptoes around prior edict forbidding prison plus probation
—
by
Five years ago, the Colorado Supreme Court interpreted state law to prohibit judges from imposing a sentence of prison plus probation in a single criminal case. But on Wednesday, the justices appeared to endorse the idea that judges could resentence affected defendants in a fashion that preserves the same — illegal — punishment. In its 2019 decision…
