Tag: court of appeals
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Denver murder conviction reversed for incomplete self-defense instruction
Colorado’s second-highest court reversed a defendant’s murder conviction last week because a Denver judge gave an incomplete instruction to the jury about the man’s right to self-defense. Donald R. Gonzales and Gary McLaughlin met up in a Capitol Hill parking lot one night in May 2021 for a sexual encounter in Gonzales’ car. According to…
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Schoolchildren’s presence at child sex-related trial did not harm Arapahoe County defendant, appeals court says
Colorado’s second-highest court decided on Thursday that the presence of a group of schoolchildren on the first day of a child sexual exploitation trial did not violate an Arapahoe County defendant’s constitutional right to a fair trial. Prosecutors charged Jerry Lee Stinnett with two counts related to the possession of sexually abusive material involving children.…
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Appeals court cites week-old Colorado law to reinstate child neglect case at child, father’s request
Colorado’s second-highest court invoked a new state law for the first time on Thursday and reinstated a child neglect case that both the child and her father wished to reopen. House Bill 1227 took effect on Aug. 12, reversing a Colorado Supreme Court decision from 2025 that addressed what should happen after a county moves…
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Appeals court upholds Park County trophy hunting conviction
Colorado’s second-highest court clarified on Thursday that a defendant may stand convicted under the state’s trophy hunting laws if he abandons a bear carcass but returns later to remove the meat. Under Colorado law, it is a felony to detach or remove the trophy parts of big game, such as the head or hide, “with…
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Colorado justices to decide insurance companies’ obligation to disclose relevant policies
The Colorado Supreme Court announced on Monday that it will decide whether an insurance company violated state law by withholding an at-fault driver’s policy for nearly a year when there was no dispute that the policy was not in effect at the time of the accident. At least three of the court’s seven members must…
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Colorado appeals judge’s delays in releasing opinions noted by performance commission
The citizen-led performance commission that provides guidance to voters about whether to retain members of Colorado’s second-highest court raised concerns by judges and attorneys that Judge Elizabeth L. Harris sometimes struggles with releasing opinions promptly. Harris, who joined the Court of Appeals in 2015 and who will appear alongside five other appellate judges on the…
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Colorado court overturns illegal $7,000 restitution order
Colorado’s second-highest court overturned a Weld County defendant’s obligation to pay more than $7,000 in crime victim restitution on Thursday because a trial judge failed to issue a legally compliant restitution order at the time of sentencing. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. In People…
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Appeals court orders second look at Denver Water’s immunity for cyclist’s injury
Colorado’s second-highest court ordered another look at a bicyclist’s negligence lawsuit against Denver Water on Thursday, concluding that a trial judge needed to evaluate the utility’s potential immunity using the state Supreme Court’s new guidance. Joseph A. “Joey” Scott alleged that he was biking northbound in the 800 block of Ogden Street when he encountered…
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Parole, appeals deadlines and restitution: Colorado justices accept cases
The Colorado Supreme Court announced on Monday that it will determine how a defendant’s parole-eligibility date should be calculated in instances where a new trial results in a sentence being imposed retroactively to the date of the original, since-overturned sentence. At least three of the court’s seven members must agree to hear a case on…
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3 Colorado judges receive unfavorable retention recommendation as one performance commission violates rules
Of the 123 Colorado judges standing for retention on the November ballot, citizen-led performance commissions found that three did not meet the required performance standards. However, in an unprecedented move, the commission charged with evaluating Supreme Court and Court of Appeals members stepped in to issue its own narrative after it concluded the local performance…