speedy trial
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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…
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Appeals court tosses conviction, 32-year sentence after trial judge violated speedy trial right
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Colorado’s second-highest court has overturned a man’s convictions for attempted murder and other offenses, and permanently barred prosecutors from retrying him because a Denver judge violated his right to a speedy trial. The U.S. and Colorado constitutions guarantee criminal defendants the right to a speedy trial, which Colorado law mandates to occur within six months…
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Appeals court finds El Paso judge misunderstood law, orders case reinstated
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An El Paso County judge failed to follow the law when she preemptively dismissed a low-level drug case during the COVID-19 pandemic, the state’s Court of Appeals has determined. Although former District Court Judge Deborah J. Grohs was convinced the ongoing public health emergency and ensuing backlog of jury trials meant defendant Marckus Antonio Maxwell…
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Federal judge dismisses charges in long-running case, faulting government, self for delay
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A federal judge has admitted that he and the prosecution were at fault for violating the speedy trial rights of a defendant by failing to bring her to trial in time, and has consequently dismissed the charges against her. U.S. District Court Judge William J. Martínez did not dispute the calculations of Mykhael Kuciapinski, who determined her…
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Appeals court tosses man’s conviction due to trial outside of legal deadline
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The state Court of Appeals has overturned a man’s criminal convictions and 4.5-year sentence because a Pueblo County judge and prosecutors failed to bring him to trial in time. Although the U.S. Constitution guarantees defendants the right to a speedy trial, Colorado law is more specific. If the government does not ensure that a defendant…
