victim
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House passes bill banning courts from ordering juveniles to pay restitution to insurance
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State House members approved a bill on Monday to ban courts from ordering juveniles to pay restitution to insurance companies. House Bill 1373 seeks to prohibit courts from ordering juveniles to pay restitution to insurance companies, though it still allows the courts to mandate juveniles pay restitution to victims. From 2016 to 2020, 234 juveniles in…
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Appeals court finds state’s revenue department a ‘victim’ entitled to restitution
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The Colorado Department of Revenue qualifies as a “victim” that is entitled to restitution in the form of unpaid taxes from a ring of illegal marijuana growers, the state’s second-highest court has ruled. In a pair of decisions, the Court of Appeals determined that an Arapahoe County judge was wrong when she concluded society, not…
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10th Circuit clarifies that crime victim reimbursement only covers victims’ costs
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Because federal law allows for crime victims to receive restitution for the expense of participating in legal proceedings, the representatives of deceased victims cannot be reimbursed for their own expenses, the federal appeals court based in Denver has decided. The United States government attempted to argue that Anthony Rivas, the son of Charlene Bailey, was…
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Appeals court reverses convictions after finding Denver prosecutors committed misconduct
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Denver prosecutors improperly suggested to jurors that a defendant was guilty because he invoked his constitutional right against warrantless searches and seizures, and also improperly pressured jurors to “do justice” for the victim, the state’s Court of Appeals found by a 2-1 decision. The three-judge panel for the appellate court further decided that state law…
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Restitution to victims ends with death on appeal, state Supreme Court rules
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A defendant who dies of natural causes while their appeal is pending no longer has an obligation to pay restitution to victims, the Colorado Supreme Court decided on Monday. Under a longstanding legal doctrine, known as abatement ab initio, a person who dies while appealing his conviction not only has the appeal dismissed, but the criminal case is…
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COVER STORY | A Rittenhouse acquittal in Colorado? Longstanding self-defense laws would allow it
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A young man being pursued down the street attempted to evade his attacker, asking to be left alone until the last possible minute, when he killed the aggressor. The killer could be Kyle Rittenhouse, the then-17-year-old who shot two men and wounded a third in the streets of Kenosha, Wisc. following days of racial justice…
