Tag: constitution
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Federal judge says defendant’s rights not violated by different meaning of ‘pimping’ in ‘Black culture’
A federal judge last week rejected the argument that a defendant should receive a new child sex trafficking trial because his attorney failed to ensure jurors understood “pimping” allegedly meant something different in “Black/African-American culture.” Jalil Lemason Robinson is serving a nearly 16-year sentence after jurors convicted him on two counts related to the attempted…
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Appeals court: Defendant’s traumatic brain injury not a basis for finding life sentence unconstitutional
Despite the state legislature’s recognition that traumatic brain injuries lead to a greater risk of involvement with the criminal justice system, Colorado’s second-highest court on Thursday ruled such injuries do not make a defendant’s life sentence cruel and unusual. Stanley Paul Jurgevich, who is serving life in prison with the possibility of parole for his 1988…
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Appeals court orders resentencing of Denver defendant convicted of elderly man’s death
Colorado’s second-highest court on Thursday determined a woman convicted of killing an elderly man in Denver must be resentenced for a less-serious offense to avoid a violation of her constitutional rights. Stephanie Martinez did not dispute that she was responsible for the death of George Black, 80, who she attacked in May 2020 at the state Capitol.…
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Federal judge refuses to dismiss suit against Fort Collins over ex-officer’s meritless DUI arrests
A federal judge last month agreed a man wrongly charged with drunk driving could sue the city of Fort Collins for failing to appropriately supervise one officer as he repeatedly arrested motorists who were not intoxicated. Jesse Cunningham is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
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10th Circuit dismisses Brighton church’s challenge to future public health orders
More than three years after a Weld County church filed suit challenging the constitutionality of Colorado’s public health response to COVID-19, the federal appeals court based in Denver has ruled the organization lacks standing to seek exemption to other hypothetical restrictions that may come in the future. Grace Bible Fellowship in Brighton was successful in…
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El Paso County domestic violence conviction reversed because of biased juror
Colorado’s second-highest court has ordered a new trial for a man convicted of domestic violence-related offenses after acknowledging an unusual scenario in which the trial judge, prosecutor and defense attorney confused one juror for another, and neglected to dismiss the juror they all agreed was biased. An El Paso County jury convicted Cory James Wooldridge in…
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Arapahoe County domestic violence conviction reversed for constitutional violation
An Arapahoe County judge improperly limited a defendant’s constitutional right to confront her victim, prompting Colorado’s second-highest court to reverse her conviction last month. Jurors found Richel Lee Gurule guilty in 2022 of assaulting her romantic partner at the time. Each woman said the other was the aggressor. Before trial, the judge permitted the defense…
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Polis, corrections director immune from man’s lawsuit over prison work program, appeals court rules
Gov. Jared Polis and the former director of the Colorado Department of Corrections are immune from an incarcerated man’s lawsuit for money damages over the state’s prison work program, the Court of Appeals ruled on Thursday. John Patrick Fletcher, who resides at Buena Vista Correctional Facility, sought roughly $2 million from Polis and Dean Williams,…