stalking
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Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
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
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…
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Douglas County judge wrongly let man represent self at trial, appeals court finds
A Douglas County judge failed to ensure a defendant understood the charges against him and the consequences of proceeding without a lawyer before she allowed him to represent himself at trial, Colorado’s second-highest court ruled on Thursday. Criminal defendants may give up their constitutional right to counsel, but the decision must be voluntary, intelligent and…
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Colorado Supreme Court rules domestic violence treatment is not ‘punishment’
Domestic violence treatment imposed after a criminal conviction is not “punishment,” the Colorado Supreme Court ruled on Monday, meaning that judges alone can determine whether a crime amounts to domestic violence. Justice Richard L. Gabriel explained in the June 12 opinion that while state lawmakers have not specified whether a finding of domestic violence is…
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SCOTUS hears challenge to Colorado stalking law, with questions about modern ‘sensitivity’
For nearly two years, Billy Raymond Counterman sent a musician thousands of unsolicited Facebook messages, carrying on a one-way conversation as if he had a relationship with her. Then things escalated. “Was that you in the white Jeep?” “I’m currently unsupervised. I know, it freaks me out too.” “Five years on Facebook. Only a couple…
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Colorado Supreme Court ponders whether domestic violence treatment is ‘punishment’
Defendants whose crimes involve domestic violence are generally required to complete a treatment program and face other consequences, including the relinquishment of firearms. This week, the Colorado Supreme Court considered whether juries, instead of judges, should decide whether an offense amounts to domestic violence. To get to the answer, the justices must weigh a related…
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10th Circuit reinstates Denver attorney’s challenge to protection order law
A Denver attorney will be able to challenge the constitutionality of Colorado’s law governing civil protection orders, which shield protected parties from stalking and harassment, the federal appeals court based in Denver ruled on Wednesday. Regina T. Drexler became subject to a permanent protection order in 2015 after a judge believed it was necessary to…
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Colorado judge finds "sea of unreliability" in company’s cellphone mapping data
Police and prosecutors in Colorado and throughout the nation are relying on a company’s cellphone location mapping data to help them convict criminal defendants, but a Larimer County judge’s recent ruling cast doubt on the technology when he barred its use in his courtroom after finding it unreliable and prone to error. The defense lawyer…
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Crackdown on stalkers soon will become law in Colorado
Victims of stalking and domestic violence will be able to breathe easier with the enactment of legislation denying bail between conviction and sentencing for perpetrators of felony stalking or domestic violence. Gov. John Hickenlooper signed House Bill 1150 on Wednesday, closing a potential loophole that let judges grant bail to felony stalking and domestic violence convicts who…