Tag: constitution
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Appeals court expresses ‘some concerns’ with Mesa County judge’s cookie analogy
Colorado second-highest court expressed “some concerns” last week about a Mesa County judge’s comparison of a defendant’s constitutional right to silence to a hypothetical child who has obviously eaten cookies but refuses to admit it. However, a three-judge Court of Appeals panel agreed the illustration did not undermine the fairness of the trial because then-District…
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Federal judge orders Englewood woman to explain why Trump removal lawsuit should proceed
A federal judge on Tuesday directed a self-represented plaintiff from Englewood to explain why she should be allowed to seek President Donald Trump’s removal from office on the grounds that he engaged in insurrection. Marcia M. Radin filed a one-page document on Feb. 5, labeled a “grievance,” in which she alleged Trump and Vice President…
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Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
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Appeals court finds constitutional violation with man’s child sex offense
Colorado’s second-highest court concluded on Thursday that an Arapahoe County man’s conviction for unlawful sexual contact on a child violated his constitutional rights and must be vacated. Jurors convicted Lucas Bienvenido Mena in 2021 of multiple sex offenses after hearing he pushed a 12-year-old relative into a bathroom, touched her genitals and took photos of…
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…
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Federal judge dismisses claims against DPS over disabled student who fell out of window
A federal judge concluded on Tuesday that a cognitively disabled student failed to allege Denver Public Schools and one of its employees violated his constitutional rights by briefly leaving him unattended in a classroom, only for him to climb out of the window and fall two stories. U.S. District Court Judge Charlotte N. Sweeney rejected…
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Colorado Springs to face trial over adequacy of police training, federal judge rules
The city of Colorado Springs will stand trial alongside four of its officers, a federal judge ruled on Thursday, so a jury can determine if a man’s constitutional rights were violated when police chased him inside his home without a warrant and restrained him as he lay on the floor dying. Previously, U.S. District Court Senior…
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Federal judge ponders blocking rideshare transparency law amid Uber’s constitutional challenge
A federal judge on Friday weighed whether to temporarily block Colorado from enforcing a law set to take effect in one week requiring rideshare companies to disclose certain information to riders and drivers about the amount of money drivers earned prior to any tip. Last year, the legislature enacted Senate Bill 75 to place new…
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Appeals court rules Denver ordinance’s constitutionality has no bearing on lawfulness of arrest
Colorado’s second-highest court ruled on Thursday that regardless of whether a plaintiff could later show Denver’s ordinance was unconstitutional, arresting officers were acting with probable cause at the time and could not be held liable. A three-judge panel for the Court of Appeals pointed to a 1979 decision of the U.S. Supreme Court that indicated…