trespass
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
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A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…
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Colorado Supreme Court to intervene in second case questioning harsher municipal sentences
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The Colorado Supreme Court signaled last month that it may intervene in a second case questioning whether municipalities can impose tougher sentences than state law does for identical criminal conduct. At least four of the seven justices must agree to hear a case that is appealed directly to the Supreme Court without going to the…
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Colorado justices find double jeopardy violation in woman’s conviction in ‘outlier’ case
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The Colorado Supreme Court on Monday rejected the prosecution’s argument that a woman’s Adams County trespassing conviction — which all parties believed was unconstitutional — should nevertheless stand because the violation was not obvious at the time of her sentencing. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Alamosa County judge violated public trial right, prompting reversal of convictions
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An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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‘Why are we here?’ Colorado justices skeptical of state’s push to uphold woman’s conviction
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Members of the Colorado Supreme Court on Tuesday struggled to understand why prosecutors remained opposed to overturning a woman’s trespassing conviction, even as both sides agreed the conviction would not stand under current law. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense following acquittal, but also from…
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Appeals court rejects new trial after Jeffco judge inadvertantly live streamed comments about case
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A Jefferson County judge’s comments about the defendant, accidentally broadcast over a live stream that the judge did not realize was running, do not provide grounds for a new trial, Colorado’s second-highest court ruled last week. Daniel Boman Olguin stood trial in 2021 for a felony trespassing charge. Due to pandemic precautions, the proceedings were…
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Appeals court orders Jeffco judge to reinstate dismissed drug charges
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Even though nearly seven months passed between the defendant’s arrest and the filing of criminal charges, Colorado’s second-highest court determined a Jefferson County judge was wrong to dismiss the case and ordered him to resume the drug-related proceedings. Under Colorado law, prosecutors are required to bring charges together in a single case if a defendant…
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Colorado Supreme Court takes up 3 criminal appeals, ‘Indian child’ case
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The Colorado Supreme Court announced on Monday it will hear three criminal appeals and one case exploring the government’s obligation to determine whether children in welfare proceedings qualify for the longstanding protections granted to American Indians. At least three of the court’s seven members must consent to take up a case on appeal. The criminal…
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‘Agree to disagree’: Students weigh in on appeals court cases argued at Denver school
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The state’s second-highest court issued a pair of noteworthy decisions last week: One involving a golf course injury and the other delving into a trespassing incident in subfreezing temperatures. But what distinguished these cases from the 2,000 others filed with the Court of Appeals each year was the fact that a few dozen high school students…
