Tag: interlocutory appeal
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Colorado Supreme Court rebuffs DA’s office over evidentiary appeal
The Colorado Supreme Court rebuffed a district attorney’s office on Monday for immediately pursuing an appeal of a trial judge’s evidentiary decision that the court had no authority to hear. State law authorizes prosecutors to file a mid-case, or “interlocutory,” appeal to the Supreme Court when a judge suppresses key evidence from being used in…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
The Colorado Supreme Court concluded on Monday that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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Federal judge refuses to authorize immediate appeal in World Cup trafficking lawsuit
A federal judge declined to authorize an immediate appeal last week of a prior decision allowing companies operating out of Colorado to be sued for allegedly participating in a human trafficking venture involving Filipino laborers who constructed facilities for the 2022 World Cup in Qatar. Occasionally, trial judges’ decisions are subject to mid-case, or “interlocutory,”…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Colorado justices overrule appeals court’s incorrect standard for mid-case appeals
The Colorado Supreme Court on Monday overruled a 7-year-old decision of the state’s second-highest court after a plaintiff, the defendants and even one of the judges who participated in the decision called it incorrect. Typically, appellate courts can only review final judgments that address all of the claims in a civil case. However, Colorado’s procedural…