speedy trial
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Appeals court clarifies criteria for extending juvenile speedy trial deadline
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Colorado’s second-highest court clarified for the first time earlier this month that the same criteria used to extend an adult criminal defendant’s speedy trial deadline also apply to juveniles. The federal and state constitutions guarantee the right to a speedy trial. In Colorado, that means the government generally must bring defendants to trial within six…
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Eagle County judge’s mistake prompts appeals court to overturn sex assault convictions
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An Eagle County judge neglected to declare a mistrial when the COVID-19 pandemic forced a postponement of the defendant’s trial date, pushing the proceedings outside of the speedy trial deadline and prompting Colorado’s second-highest court to overturn the convictions. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that…
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Boulder County judge wasn’t obligated to bail out self-represented defendant, appeals court rules
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Colorado’s second-highest court concluded last month that a criminal defendant in Boulder County was not unfairly forced to choose between his rights to a speedy trial and to an attorney, and, when he elected to go without an attorney, the trial judge was not obligated to save him from his own poor performance. Jurors convicted Timothy…
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Colorado Supreme Court takes up El Paso County criminal case
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The Colorado Supreme Court announced on Monday that it will hear an appeal out of El Paso County questioning how criminal defendants can challenge the validity of an order to pay restitution to their victims, if the order occurs beyond the legal deadline. At least three of the court’s seven members must agree to review…
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Colorado Supreme Court accepts Weld County criminal appeal
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The Colorado Supreme Court announced on Tuesday that it will review a criminal case out of Weld County in which the jury instructions used to convict a man differed from the offense prosecutors charged him with. At least three of the court’s seven members must consent to take up an appeal. The justices also signaled…
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Colorado Supreme Court accepts case involving judge who was crime victim
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The Colorado Supreme Court announced on Monday that it will hear a case questioning whether an El Paso County judge who was the victim of a roadside shooting should have recused herself from presiding over a road rage trial with similar circumstances. At least three of the court’s seven members must agree to grant an…
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Divided appeals court OK’s corrections department’s violation of speedy trial law
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Colorado’s second-highest court last month declined to overturn a man’s Arapahoe County convictions, while acknowledging the head of the Colorado Department of Corrections failed to follow a law designed to give detainees a speedy trial. A three-judge panel for the Court of Appeals noted the department’s then-executive director, Rick Raemisch, did not forward to the…
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Appeals court sides with Weld County judge who dismissed criminal case for speedy trial violation
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Colorado’s second-highest court last week sided against Weld County prosecutors and agreed a trial judge correctly determined the consequence of his failure to declare a COVID-19-related mistrial was to dismiss the criminal charges against a defendant. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that means the government…
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Government’s 23-month delay not a reason to dismiss criminal case, 10th Circuit rules
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Even though the government waited 23 months after indicting a defendant to resume its prosecution, a trial judge was wrong to conclude the delay violated the man’s constitutional right to a speedy trial, the federal appeals court based in Denver ruled last week. U.S. District Court Senior Judge Christine M. Arguello derided the indictment of…
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Appeals court says Denver judge forced man to choose between right to attorney, speedy trial
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Colorado’s second-highest court last week reversed a man’s convictions after finding a Denver judge forced him to choose between postponing his jury trial if he wanted a lawyer or continuing to trial as scheduled, but with no attorney. Aurelio DeSantiago opted to represent himself and a jury convicted him of multiple assault charges. He received…
