Tag: judge sueanna johnson
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Appeals court agrees DA can sue Huerfano County sheriff over chronic mishandling of evidence
Colorado’s second-highest court ruled on Thursday that an elected district attorney was justified in suing the Huerfano County sheriff over persistent problems in evidence handling that compromised numerous prosecutions. Last year, Third Judicial District Attorney Henry Solano obtained a permanent injunction against longtime Sheriff Bruce Newman, in which a trial judge ordered Newman to hand…
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Appeals court to trial judges: the buck stops with you to make a decision on magistrates’ work
Colorado’s second-highest court on Thursday reminded trial judges their role in reviewing the decisions of magistrates requires them to take the final action, not to send an issue back to a magistrate for further work. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
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Appeals judge warns about ‘inflammatory’ medical terminology in child abuse cases
One member of Colorado’s second-highest court suggested last month that certain medical terminology deeming a child’s injuries “abusive” or “nonaccidental” may improperly lead jurors to convict defendants of knowingly committing child abuse. A three-judge panel of the Court of Appeals upheld the El Paso County child abuse convictions of Susan Trahan Bergeron, who is serving 10…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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Colorado justices agree DUI suspects can change mind after initially refusing chemical test
The Colorado Supreme Court agreed on Monday that drunk driving suspects can change their mind after initially refusing to take a blood or breath test, meaning an Arapahoe County judge wrongly blocked jurors from hearing about the defendant’s ultimate consent to take a test after all. The 6-1 decision technically means defendant Glen Gary Montoya…
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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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Colorado Supreme Court takes up another restitution appeal
The Colorado Supreme Court announced on Tuesday it will hear another case interpreting the procedure trial judges use when ordering criminal defendants to pay financial restitution to their victims. At least three of the court’s seven members must agree to review an appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically…
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Colorado Supreme Court walks back ruling denying immunity to speeding officer who killed 2
The Colorado Supreme Court on Tuesday walked back a ruling by the state’s second-highest court that broadened first responders’ liability for injuries, instead concluding emergency vehicle operators need not activate their lights and sirens during the entirety of a pursuit in order to keep their immunity from lawsuits. After an Olathe police officer, traveling in…
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Appeals court declares automatic reversal not required after Jeffco judge forgot to swear in jurors
For the first time on Thursday, Colorado’s second-highest court determined a criminal defendant’s convictions are not subject to automatic reversal if a trial judge neglects to swear in the jury. A three-judge panel for the Court of Appeals noted the U.S. Supreme Court has never explicitly recognized the constitutional right to a sworn jury. Although…
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Colorado Supreme Court to review limits on negligence claims in case over Denver restaurant fire
The Colorado Supreme Court announced on Monday that it will review whether a judicially created rule barring certain types of negligence claims applies when a defendant acts recklessly to cause an injury. At least three of the court’s seven members must agree to take up an appeal. The justices also signaled they may intervene in…