Supporting Colorado's criminal defense community with weekly summaries of Colorado Court of Appeals and Supreme Court Opinions and practical analysis to better serve your clients.
People v. Abdul-Rahman,
After the board revokes a person’s parole, the person must pursue and lose their administrative appeal pursuant to Section 17-2-103 and 17-2-201 before seeking judicial relief under Rule 35(c)(2)(VII).
Sandoval v. Colorado Springs,
The City can be sued where a traffic light creates “conflicting directions” that lead to an accident. Here the light created conflicting directions because one side was inoperable (no color illuminated) while the perpendicular light was illuminated green. This “vexing situation” makes it very difficult for drivers, like Sandoval, to predict the conduct of other drivers in the cross-traffic, and creates a dangerous condition that cannot be navigated through the proper interpretation of the traffic laws.
In re. People v. Culver,
In a non-precedential order resolving a Rule 21 proceeding (that I missed back in February), the Court concludes that a defendant who endorses a cold expert to testify about child psychology, child-to-parent violence, abuse of caretakers, and family dynamics must comply with the notice and evaluation requirements in section 16-8-107(3)(b).
People v. Marceleno,
Issue #1: The statutory protections of Section 18-1.3-603(8) prohibiting a court from imposing restitution for damages covered by insurance only apply to restitution orders relating to non-felony convictions under title 42. Here, Marceleno damaged a car during the commission of felony offenses. As such, the district court properly assessed the full amount of restitution for the damaged car because Marceleno failed to establish that the damage was covered by an insurance policy. Issue #2: The district court properly assessed restitution for the damage he caused when he crashed the stolen car into a gate guarding a community.
People v. J.P.,
Under section 24-72-705(1)(a)(II), a court “shall” seal criminal justice records where the defendant is “acquitted” of all counts. Under long-standing precedent, “acquittal” includes an NGRI determination. As such, the trial court erred by denying J.P.s petition to seal his three old cases because he was found to be NGRI.
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