Structural Error
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Colorado justices say no automatic reversal when jury convicts on different crime than charged
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The Colorado Supreme Court ruled on Monday there is no automatic reversal of a defendant’s convictions if jurors rely on instructions that outline a different crime than the one prosecutors charged in the first place. The justices concluded that such a change, known as a “constructive amendment,” does not fall in the category of structural…
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Colorado Supreme Court upholds Arapahoe County murder, drug convictions
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Even if an Arapahoe County judge was wrong to combine a defendant’s drug and murder charges in one trial, the move did not likely affect the jury’s verdict, the Colorado Supreme Court ruled on Monday. Joseph Wayne Washington argued there should have been separate trials for his murder charge and for the other counts largely…