sixth amendment
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
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Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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Appeals court takes no issue with defense lawyer who admitted client’s guilt at trial
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Colorado’s second-highest court on Thursday concluded an attorney did not violate his client’s constitutional right to make key decisions about his defense when the lawyer unilaterally told the jury his client committed some of the charged crimes. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may concede their…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
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Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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Appeals court finds no constitutional violation from hard-to-hear livestream during trial
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Colorado’s second-highest court last week ruled that problems with livestreaming technology during the early months of the COVID-19 pandemic did not violate a defendant’s constitutional right to a public trial if observers were still free to watch in the physical courtroom. The Sixth Amendment guarantees the criminally accused the right to a public trial. In…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
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A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
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Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
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A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
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Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
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Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…