True Threat
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Colorado Supreme Court dings El Paso County DA’s office for filing appeal in wrong court
El Paso County prosecutors incorrectly filed an appeal with the Colorado Supreme Court, the justices ruled on Monday, explaining that a trial judge did not, in fact, declare a law unconstitutional and enable the state’s highest court to hear the case directly. Under state law and the procedural rules, district attorneys have a duty to…
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Appeals court orders new trial in stalking case a year after U.S. Supreme Court finds flaw
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…