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Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense
Article • September 15, 2020 • from CLN October, 2020
Filed under: Procedural Default/Error
Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a trial court erred when it permitted the prosecutor to argue that the defendant’s failure to retreat showed …
New Colorado Law Kills Qualified Immunity for Cops
Article • September 15, 2020 • from CLN October, 2020
Filed under: Criminal justice system reform, Immunity - Absolute and Qualified
New Colorado Law Kills Qualified Immunity for Cops by Dale Chappell by Dale Chappell Colorado became the first state to pass a law prohibiting law enforcement officers from invoking qualified immunity as a defense when they’re accused in a lawsuit of violating a citizen’s civil rights. Hopefully, the law passed …
Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit
Article • September 15, 2020 • from CLN October, 2020
Filed under: Credits
Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Colorado reversed its earlier precedent and announced a new set of rules for determining when a defendant should be granted presentence confinement credit (“PSCC”). Derick Wayne Russell …
HRDC v. Board of County Commissioners for Adams County, Colorado, et. al, CO, Censorship, Complaint, 2020
Filing • September 1, 2020
Filed under: PLN Litigation, Censorship
HRDC v. Board of County Commissioners for Adams County, Colorado, et. al, CO, Censorship, Complaint, 2020 Case 1:20-cv-02665 Document 1 Filed 09/01/20 USDC Colorado Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. ________ HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. BOARD …
HRDC v. Board of County Commissioners for Adams County, Colorado, et. al, CO, Censorship, Complaint, 2020
Brief • September 1, 2020
Filed under: PLN Litigation, Censorship
HRDC v. Board of County Commissioners for Adams County, Colorado, et. al, CO, Censorship, Complaint, 2020 Case 1:20-cv-02665 Document 1 Filed 09/01/20 USDC Colorado Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. ________ HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. BOARD …
Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed by David Reutter by David M. Reutter he Supreme Court of Colorado held that the “plea provisio [in Colo Rev. Stat. § 18-1-409(1) (2019)] does not preclude an appeal related to the manner …
Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced the framework for distinguishing a true threat from constitutionally protected speech. A few days after a shooting at Arapahoe High School, students from Littleton …
Laintz v. Correctional Health Partners, CO, Settlement, Denial of Medical Care, 2020
Brief • August 5, 2020
Filed under: Failure to Treat
Laintz v. Correctional Health Partners, CO, Settlement, Denial of Medical Care, 2020 SETTLEMENT AGREEMENT AND RELEASE This Confidential Settlement Agreement and Release ("Agreement") is entered into on this 5th day of August, 2020, by and between Correctional Health Partners ("CHP") and Pueblo County, Colorado ("Pueblo County"). CHP and Pueblo County …
Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement
Article • July 15, 2020 • from CLN August, 2020
Filed under: Overbreadth, Searches - Cellphones/Computers/Internet
Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a warrant authorizing a general search of Pamela Kay Coke’s cellphone was overbroad and violated the Fourth Amendment’s particularity requirement. Fifteen-year-old T.F. told …
News in Brief
Article • July 15, 2020 • from CLN August, 2020
Filed under: News in Brief
News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights
Article • June 15, 2020 • from CLN July, 2020
Filed under: Evidentiary Ruling, Denial of Due Process
Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights by Dale Chappell by Dale Chappell Ending what had been a “standard case-management practice,” the Supreme Court of Colorado held that a trial court may not order a defendant to turn over his defense …
5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race
Article • June 15, 2020 • from CLN July, 2020
Filed under: Racial Profiling, Traffic stop
5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race by Douglas Ankney by Douglas Ankney In the largest-ever study of racial profiling by police during traffic stops, Stanford University has shown that Black people are much less likely to be stopped after …
Colorado Dept of Corrections, Response to Joint Budget Committee Hearing, 2020
Publication • 2020
Filed under: Corrections Audits
Colorado Dept of Corrections, Response to Joint Budget Committee Hearing, 2020 Department of Corrections Responses to Joint Budget Committee Hearing Questions December 31, 2020 1. Please provide context on the November 30, 2020 absconder population of 1,400. Include pre-COVID numbers for comparison. Also, provide the actual reasons for absconding including …
News in Brief
Article • May 15, 2020 • from CLN June, 2020
Filed under: News in Brief
News in Brief by Arizona: Tucson has a new ordinance topunish those who fail to stay outside designated crime scene perimeters, the Tucson Star reports. The law aims to halt “cop haters” with cameras, but the potential fallout is a stifling of First Amendment rights. While people should not provoke …
Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial
Article • May 15, 2020 • from CLN June, 2020
Filed under: Speedy Disposition
Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado ruled that Edward Kevin DeGreat had no duty to bring himself to trial and ordered his charges dismissed with prejudice for violation of his right to a …
Sanchez v. City and County of Denver, CO, Settlement, Failure to Provide Medical Care, 2020
Brief • April 8, 2020
Filed under: Failure to Treat
Sanchez v. City and County of Denver, CO, Settlement, Failure to Provide Medical Care, 2020 FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("Release") is made this y./1, · day of April 2020, by Diana Sanchez; J.S.M., a minor child, by and through …
Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal
Article • March 18, 2020 • from CLN April, 2020
Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal by Anthony Accurso by Anthony Accurso  The Colorado Supreme Court announced a rule, which holds that when a defendant raises a for-cause challenge to an impliedly biased juror under 16-10-103(1), C.R.S., a structural error arises …
Sanchez v. City and County of Denver, CO, Complaint, Failure to Provide Medical Care, 2020
Brief • February 26, 2020
Filed under: Failure to Treat
Sanchez v. City and County of Denver, CO, Complaint, Failure to Provide Medical Care, 2020 Case No. 1:19-cv-02437-DDD-NYW Document 66 filed 02/26/20 USDC Colorado pg 1 of 49 FILED UNITED STATES DISTRICT COURT DENVER, COLORADO 3:28 pm, Feb 26, 2020 JEFFREY P. COLWELL, CLERK IN THE UNITED STATES DISTRICT COURT …
Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews
Article • February 18, 2020 • from CLN March, 2020
Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews by Douglas Ankney by Douglas Ankney On December 16, 2019, the Supreme Court of Colorado clarified and modified the analytical framework courts are to follow when conducting proportionality reviews of sentences in general and habitual offender sentences in particular. …
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify
Article • January 21, 2020 • from CLN February, 2020
Filed under: Jury Instructions
Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify by Douglas Ankney by Douglas Ankney he Supreme Court of Colorado reversed the conviction of Julian Anastacio Deleon because the trial court failed to give a no-adverse-inference instruction to the jury …
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