sex assault
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Justices consider where to draw line on experts testifying about child witnesses’ honesty
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Members of the Colorado Supreme Court considered last week how far an expert witness can go in suggesting to a jury that another witness is being truthful, which is generally forbidden. Previously, the state’s Court of Appeals believed a defendant who “persistently” argues an adult influenced a child victim to lie has opened the door…
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Appeals court rules Fremont County must compensate victims of jail deputy’s sexual misconduct
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Colorado’s second-highest court concluded last week that Fremont County is responsible for paying $128,357 to two women who were victims of a jail deputy’s sexual misconduct. Samantha Hudnall and Marisa Palmas sued former Deputy Brandon Lucero for violating their rights under the Colorado Constitution. Lucero failed to respond to the allegations and a trial judge…
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Appeals court tosses man’s convictions after Denver judge relied on expired pandemic-era law to violate speedy trial deadline
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A Denver judge mistakenly used an expired provision of state law to extend a defendant’s speedy trial deadline, Colorado’s second-highest court ruled on Thursday in overturning the man’s convictions and 34-years-to-life prison sentence. As part of the constitutional guarantee of a speedy trial, Colorado law generally requires the government to bring a defendant to trial…
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Douglas County judge wrongly blocked man from de-registering as sex offender due to alleged ‘smirk,’ appeals court finds
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A Douglas County judge acted improperly by refusing to grant a defendant’s request to de-register as a sex offender a quarter-century after his offense because the man allegedly “smirked” at a hearing, Colorado’s second-highest court ruled on Thursday. David Arthur Kosak pleaded guilty in 2001 to one felony and one misdemeanor count related to sexual…
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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Colorado Supreme Court rules police-guided text messages from victim’s father did not coerce defendant
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The Colorado Supreme Court ruled on Monday that a text message exchange between the father of an alleged child sex assault victim and the defendant was not coercive, even though a sheriff’s investigator was guiding the accusatory texts. Patrick Nkongolo stands accused of five counts of sexual assault on a child. His alleged victim told…
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El Paso County sex assault convictions overturned due to judge’s incorrect competency ruling
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Colorado’s second-highest court last month vacated a man’s 15-year-old convictions for sexually assaulting a child, finding an El Paso County judge made a flawed determination that the defendant was competent to stand trial. In doing so, a three-judge panel for the Court of Appeals cautioned it may not be feasible to determine now whether Theodore William…
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Appeals judge suggests legislature clarify law providing compensation to exonerated defendants
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A member of Colorado’s second-highest court suggested last month that lawmakers clarify whether defendants are only supposed to be eligible for compensation when they are innocent of the specific crime they were convicted of, even if there is evidence their conduct still amounted to a different crime. In 2013, the legislature passed the Exoneration Act,…
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Colorado justices signal intervention in 4 ongoing cases, including jury trials for evictions and Ouray rape prosecution
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The Colorado Supreme Court recently signaled it may intervene in four ongoing cases in the trial courts on subjects that include a tenant’s right to a jury trial in eviction proceedings, whether defendants should remain incarcerated pending a sanity evaluation and a judge’s decision to sanction prosecutors for late-disclosed evidence. Although most of the Supreme…
