stalking
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Colorado justices confirm SCOTUS stalking ruling limited to speech
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The Colorado Supreme Court confirmed on Monday that a 2023 ruling from the nation’s highest court imposing a higher burden on stalking prosecutions does not apply to cases where the alleged stalker’s conduct, not the words he uses, is the problem. The U.S. Supreme Court handed down its ruling in Counterman v. Colorado two years ago, in…
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Colorado Supreme Court reinstates Larimer County DA’s office on case after judge ordered new prosecutors
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The Colorado Supreme Court reinstated the Eighth Judicial District Attorney’s Office on a stalking case on Monday, finding a trial judge disqualified the office based on an incorrect perception of a conflict. In an unusual unsigned opinion, the Supreme Court noted state law allows judges to remove district attorney offices from criminal cases under “special…
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SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
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Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
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2024 closes period of turnover on Colorado’s bench | YEAR IN REVIEW
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New faces, new initiatives and a new judicial discipline process were among the developments in the third branch of government this year. Although much of the public’s focus was on the battle for the White House and Congress, several stories implicating the courts will have reverberations for years to come. Here is a look at…
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Appeals court orders new trial in stalking case a year after U.S. Supreme Court finds flaw
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Colorado’s second-highest court on Thursday ordered a new trial in the Arapahoe County stalking case that went all the way to the nation’s highest court and resulted in a new burden for prosecutors seeking to convict alleged stalkers based on their communications. Last year, by 7-2, the U.S. Supreme Court handed down its ruling in Counterman…
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Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
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Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
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Appeals court rules unanswered phone calls may qualify as stalking
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Colorado’s second-highest court clarified for the first time on Thursday that repeated phone calls, even if they are unanswered, are “contacts” for which defendants may be convicted under the state’s stalking law. Roy Matthew Miller is serving a 21.5-year prison sentence for various acts of domestic violence. His stalking conviction came after jurors heard Miller…
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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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Douglas County judge wrongly let man represent himself, appeals court rules in reversing convictions
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A Douglas County judge was wrong to let a man represent himself at trial without ensuring he understood the basic elements of his case first, Colorado’s second-highest court ruled on Thursday in overturning the defendant’s convictions. The Court of Appeals’ decision was the second time this year it ordered a new trial for David Antonio…
