Tag: judge terry fox
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
Colorado’s second-highest court voided a defendant’s obligation to pay more than $66,000 in crime victim restitution last week, finding a Mesa County judge neglected to follow the process laid out in state law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so, prosecutors generally need to…
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Colorado Supreme Court to examine whether corporations can be liable for ‘felonious killing’
The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Colorado justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…