Search | Criminal Legal News

Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable

Article • August 15, 2021 • from CLN September, 2021

Filed under: Community Caretaking Exception/Doctrine

Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Colorado’s denial of Hunter Trey Venezia’s motion to suppress because the Government’s reliance …

Investigation of the Aurora Police Department and Aurora Fire Rescue, 2021

Publication • August 15, 2021

Filed under: Racial Profiling

Investigation of the Aurora Police Department and Aurora Fire Rescue, 2021 Investigation of the Aurora Police Department and Aurora Fire Rescue September 15, 2021 Table of Contents 1. Executive Summary .................................................................................................................. 1 2. Scope of Investigation and Methodology ............................................................................. 4 3. 2.1. Basis for Investigative Authority and Reason for Investigation …

Epps v. City and County of Denver, CO, Expert Report of Dr. Edward R. Maguire, Excessive Force- Protesting, 2021

Brief • August 2, 2021

Filed under: Protests, Excessive Force

Epps v. City and County of Denver, CO, Expert Report of Dr. Edward R. Maguire, Excessive Force- Protesting, 2021 IN THE UNITED STATES DISTRICT COURT OF THE DISTRICT COURT OF COLORADO Civil Action Nos. 1:20-cv-01878-RBJ & 1:20-cv-01922-RBJ-MEH (consolidated) ELISABETH EPPS, et al. Plaintiffs, v. CITY AND COUNTY OF DENVER, et …

Epps v. City and County Denver, CO, Expert Report of Norman Stamper, Excessive Use of Force, 2021

Brief • July 29, 2021

Filed under: Excessive Force, Pepper Spray/Tear Gas

Epps v. City and County Denver, CO, Expert Report of Norman Stamper, Excessive Use of Force, 2021 IN THE UNITED STATES DISTRICT COURT OF THE DISTRICT COURT OF COLORADO Civil Action Nos. 1:20-cv-01878-RBJ & 1:20-cv-01922-RBJ-MEH (consolidated) ELISABETH EPPS, et al. Plaintiffs, v. CITY AND COUNTY OF DENVER, et al., Defendants …

News in Brief

Article • June 15, 2021 • from CLN July, 2021

Filed under: News in Brief

News in Brief by Alabama: An Alabama state trooper arrested on April 27, 2021 for sexually abusing a child had been fired from the FBI for sexual misconduct before he was ever hired in Alabama, fooling the state Law Enforcment Agency (ALEA) with a letter of recommendation that was apparently …

News in Brief

Article • May 15, 2021 • from CLN June, 2021

Filed under: News in Brief

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …

Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant

Article • May 15, 2021 • from CLN June, 2021

Filed under: Warrantless Searches, Facially Invalid Warrant

Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant by Anthony Accurso by Anthony Accurso The Supreme Court of Colorado denied the People’s appeal when it determined the prosecution failed to carry its burden in establishing the independent source doctrine applied …

HRDC v. Board of Commissioners for Adams County, CO, Joint Motion for Order of Dismissal with Prejudice, Censorship, 2021

Filing • May 13, 2021

Filed under: PLN Litigation, Censorship, PLN related

HRDC v. Board of Commissioners for Adams County, CO, Joint Motion for Order of Dismissal with Prejudice, Censorship, 2021 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:20-cv-02665-PAB HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS FOR ADAMS COUNTY,COLORADO;RICHARD REIGENBORN, Sheriff, in …

News in Brief

Article • April 15, 2021 • from CLN May, 2021

Filed under: News in Brief

News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …

News in Brief

Article • March 15, 2021 • from CLN April, 2021

Filed under: News in Brief

News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …

STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver

Article • March 15, 2021 • from CLN April, 2021

Filed under: Mental Health

STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver by Kevin Bliss by Kevin Bliss USA Today reports that Denver, Colorado, is showing success with a new program that directs emergency 911 calls that deal with mental health issues, drug abuse, and homelessness to a …

Estate of Jackson Maes v. Board of County Commissioners of the County of Saguache, CO, Complaint, Wrongful Death, 2021

Brief • March 3, 2021

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Jackson Maes v. Board of County Commissioners of the County of Saguache, CO, Complaint, Wrongful Death, 2021 Case 1:21-cv-00628-NRN Document 1 Filed 03/03/21 USDC Colorado Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 1:21-cv-628 Civil Action No. _________________ SARAH LIEBERENZ, Individually …

Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points

Article • February 15, 2021 • from CLN March, 2021

Filed under: Conflicting Provisions, Solicitation to Commit a Crime of Violence, Sentence Enhancements/Departures

Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence after ruling the U.S. District Court for the District of Colorado improperly …

Gilliam v. City of Aurora, CO, Complaint, Excessive Force, 2021

Brief • January 25, 2021

Filed under: Excessive Force, Excessive Force (Police)

Gilliam v. City of Aurora, CO, Complaint, Excessive Force, 2021 DISTRICT COURT, ARAPAHOE COUNTY, COLORADO 7325 S. Potomac Street Centennial, CO 80112 Plaintiffs: BRITTNEY GILLIAM, individually; L.T., a minor, by and through their legal guardian Brittney Gilliam; E.G., a minor, by and through their legal guardian Brittany Gilliam; N.J., a …

Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy

Article • January 15, 2021 • from CLN February, 2021

Filed under: Double jeopardy, Child Pornography

Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …

Denver 911 Calls Routed to Mental Health Professionals

Article • December 15, 2020 • from CLN January, 2021

Filed under: Alternative Sentencing, Mental Health

Denver 911 Calls Routed to Mental Health Professionals by Jayson Hawkins by Jayson Hawkins Imagine for a moment, you just lost your job. The lack of income might soon push you into homelessness and a host of other troubles. Out of exasperation, you sit down on the curb, head in …

Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy

Article • November 15, 2020 • from CLN December, 2020

Filed under: Double jeopardy

Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that Brandon Jackson’s convictions for both murder and attempted murder violate the protections against double jeopardy. Jackson, along with other members of the gang known as …

Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration

Article • November 15, 2020 • from CLN December, 2020

Filed under: Sexual Assault, Sex Offender Registration

Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration by Matthew Clarke   by Matt Clarke  The en banc Supreme Court of Colorado held that the successful completion of a deferred judgment for a sex offense, which resulted in the …

Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing

Article • November 15, 2020 • from CLN December, 2020

Filed under: DUI, Mandatory Minimum Sentence

Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing by Anthony Accurso   by Anthony Accurso  The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant …

Trine - The Walworth County Jail Meets TLC - and Loses, fall issue The Warrior, 2020

Publication • September 22, 2020

Filed under: Medication, Failure to Treat, COVID-19, Totality of Conditions, Jail Specific

Trine - The Walworth County Jail Meets TLC - and Loses, fall issue The Warrior, 2020 The Walworth County Jail Meets TLC - And Loses Bill Trine, Faculty Emeritus T his is an inspiring story of how two TLC lawyers used the discovery obtained during the representation of an individual …