sex offender registration
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Appeals court orders new trial after jury instruction ‘drastically misdescribed’ offense
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Colorado’s second-highest court on Wednesday ordered a new trial for a man convicted of failing to register as a sex offender, concluding the jury instruction did not correctly describe what was required to find him guilty. El Paso County jurors convicted Clyde Douglas Phillips in 2023 of failing to register as a sex offender and he…
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Appeals court rejects state’s argument that severely disabled sex offenders cannot de-register
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Colorado’s second-highest court last week clarified for the first time that a 2018 change to state law now permits severely disabled sex offenders who are otherwise required to register for life to discontinue their registrations. Defendants convicted of certain serious sex crimes are generally required to register for the rest of their lives. However, the legislature in 2018 enacted…
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Appeals court acknowledges ‘unfair’ outcome, upholds man’s lifetime sex offender registration
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Colorado’s second-highest court on Thursday upheld a man’s requirement to register as a sex offender for life, while acknowledging state law made no exception for his 37-year-old conviction from outside Colorado that did not even require him to register at the time. Raymond Edward Moore has two convictions on his record for sex offenses: one…
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Colorado Supreme Court ponders role of juries in evaluating prior convictions
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More than two years ago, when the Colorado Supreme Court found that juries, not judges, must decide if people accused of felony drunk driving are repeat offenders, it prompted defendants found guilty of other offenses to wonder whether their own prior convictions were something prosecutors must prove to juries beyond a reasonable doubt. In two…