weapon
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Divided Colorado Supreme Court upholds police’s pat-down of man in ‘wrong place at the wrong time’
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The Colorado Supreme Court decided on Tuesday that police had not unlawfully seized a man when they patted him down in a chance encounter after he suddenly appeared outside the motel room where they were preparing to make an arrest. By 5-2, the justices believed Oscar Jonas Ganaway consented to the pat-down search, which resulted in…
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Justices clarify standard for establishing identity in previous-offender cases
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Colorado’s Supreme Court has clarified the level of evidence prosecutors must present to establish that a defendant who is charged with possession of a weapon by a previous offender does, in fact, have a prior felony conviction. In its ruling on Monday, the court decided there must be an “essential link” between the defendant and…
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State Supreme Court mulls how much evidence is enough to prove identity in prior convictions
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An El Paso County jury convicted Enrique Gorostieta in 2019 for possession of a weapon by a prior offender. To determine he was the same Enrique Gorostieta who had a 2016 drug conviction on his record, jurors heard that the name, birthdate and county matched, and they also received a physical description of the defendant…
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Colorado Springs officers relied in good faith on unconstitutional warrant, judge finds
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Seven months after a federal appeals court said Colorado Springs police obtained an unconstitutionally-broad warrant to uncover weapons in a suspect’s car, a judge has now upheld the search, concluding that officers were acting in good faith. Perry Wayne Suggs Jr. has filed yet another appeal to the U.S. Court of Appeals for the 10th…
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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…
