The Exclusionary Rule and the Burden of Proof In Colorado an accused person can challenge any and all evidence obtained illegally by the police. When such evidence is challenged and found to the obtained in violation of either the Fourth Amendment of the U.S. Constitution or Section 7 of Article II of the Colorado Constitution,…
In Re: People v. Williamson, Case No. 10SA325 (Colo. April 11, 2011) TOPICS: Evidence Soliciting / Prostitution Rape Shield Definition of “Sexual Conduct” Facts: The prosecution charged Mr. Williamson with kidnapping and sexual assault. Mr. Williamson claimed the complaining witness works as a prostitute, and wanted to admit other instances of her prostitution to prove she…
The sentencing scheme under the Colorado sentencing guidelines, which dictates the presumptive range established for all classified felony offenses within the state, is generally governed by Colorado Revised Statutes (CRS) § 18-1.3-401, et seq. The specific statutes controlling what sentence a person receives is ultimately very case specific, so discussing your case with an experienced criminal defense…
WALL v. KHOLI, 562 U. S. ____ (2011), No. 09–868 (March 7, 2011) (argued November 29, 2010) TOPICS: Tolling of time period for Writ of Habeas Corpus Post-conviction remedies Antiterrorism and Effective Death Penalty Act Facts: Rhode Island convicted Mr. Kholi of ten counts of sexual assault, and the trial court sentenced him to consecutive…
People v. Gallegos (Colo. April 11, 2011) TOPICS: Wiretapping Statutory Violation and Remedy Neutral and Detached Magistrate Appearance of Impropriety of Judge Facts: The Chief Judge in El Paso County, Judge Samelson, signed a series of wiretaps that ensnared five separate people the prosecution accused of some drug distribution conspiracy. The Court consolidated all the…
An experienced attorney in the Denver, Colorado area explains how Ex Post Facto laws are inapplicable to sex offender registration requirements: simply put, the appellate courts do not view the registration requirement as a “punishment.” People v. Sowell (Colo.App.2011) Facts: In 1995, Mr. Sowell pled to sexual assault on a child – position of trust….
The most common way to commit theft in the state of Colorado is by: knowingly obtaining or exercising control over anything of value of another without authorization, or by threat or deception, and intending to deprive the other person permanently of the use or benefit of the thing of value. All Elements Must be Present…
Cullen v. Pinholster, 563 U. S. ____ (2011), No. 09–1088. Experienced Criminal Defense Attorney in Boulder, Colorado explains Death Penalty Law relating to Habeas Corpus, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and Ineffective Assistance of Counsel. Facts: A jury in the State of California convicted Mr. Pinholster of murder where he…
Experienced Denver attorney on Attempting to Influence a Public Servant vs. False Reporting to Authorities People v. Blue (Equal Protection; Specific Statute vs. General Statute) Synopsis: According to the police, they got a call from a Crime Stoppers snitch who told the police Mr. Blue was in a Colorado Springs’ library. The police stopped and…
Experienced Colorado attorney explains definition of ‘conviction’ for purposes of the two-prior felony rule. People v. Kiniston (Colo.App.2011) Facts: Mr. Kiniston pled guilty to theft directly from a person (a class five felony), and the court approved a deferred sentence. Unfortunately, Mr. Kiniston picked up two felony convictions after the court placed him on the deferred sentenced….