Tag: adams county
-
Colorado justices agree ‘nature of relationship’ with minor relatives governs sex offender restrictions
The Colorado Supreme Court decided on Monday that a person on sex offender probation does not have his constitutional rights violated anytime his contact is restricted with minor relatives who are not his children. Instead, the Supreme Court decided such relationships fall on a “spectrum of protection,” with parent-child relationships requiring the greatest degree of…
-
Colorado Supreme Court confirms ‘Make My Day’ home defense not applicable to reckless killing
The Colorado Supreme Court ruled on Monday that a man convicted of manslaughter in Adams County could not rely on the state’s “Make My Day” law authorizing lethal force against home intruders to defend himself against a charge of recklessly shooting his friend. There was no dispute that Justin Brendan Martinez shot and killed Ismael…
-
Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
-
Colorado Supreme Court explores limits of ‘Make My Day’ defense
There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
-
Colorado Supreme Court justice advises police to ‘tread carefully’ when misleading suspects
Justice Melissa Hart suggested on Friday that police officers interrogating suspects in custody should recognize the “very, very thin line” they walk by making misleading representations during questioning, running the risk that courts will find the suspect’s confession involuntary. “Bottom line: Officers should, I think, tread carefully when they are thinking about whether to use…
-
Colorado justices find double jeopardy violation in woman’s conviction in ‘outlier’ case
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…
-
Appeals court rules unanswered phone calls may qualify as stalking
Colorado’s second-highest court clarified for the first time on Thursday that repeated phone calls, even if they are unanswered, are “contacts” for which defendants may be convicted under the state’s stalking law. Roy Matthew Miller is serving a 21.5-year prison sentence for various acts of domestic violence. His stalking conviction came after jurors heard Miller…
-
Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
-
Metro Denver area rents are the most stable in decades — but this good news might be a ‘red flag’
Rents across Denver have barely budged over 18 months, according to the Apartment Association of Metro Denver. Over the last quarter, the average rent in the metro Denver area went up $5 to $1,875, according to association data for Q1 released Tuesday. “Average rent growth in any 18-month period is generally 5.7%,” Executive Vice President…
-
Federal judge finds ‘just enough evidence’ to green-light deaf woman’s trial against Adams County sheriff
A federal judge last month agreed a jury should decide whether the Adams County sheriff violated a deaf detainee’s rights by failing to secure an American Sign Language interpreter during her 12-hour stay in the jail. Cynthia Mullen filed suit under the Rehabilitation Act, a precursor to the Americans with Disabilities Act that protects people from…