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Trial Resource Center
“Victim impact testimony packs a punch at a criminal trial.” – People v. Martinez, 17CA1583 (COA Oct. 8, 2020) Division VII. Opinion by Judge Lipinski, Navarro and Tow, JJ., concur. For the government: Philip J. Weiser, Attorney General, Jacob R. Lofgren, Assistant Attorney General, Denver, Colorado For the Defendant: Megan A. Ring, Colorado State Public Defender,...
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The Colorado Supreme Court has found in favor of the government, holding that Miranda warnings are not necessary in a case where late-night statements were made during the execution of a search warrant in the defendant’s home. People v. Clark, 2020 CO 36 (No. 20SA11, May 11, 2020). Case Facts Police executed a search warrant...
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Speedy trial during COVID-19 by SheelyLaw
As governments attempt to combat the spread of COVID-19, trials in the US have been postponed or canceled. But can they do that? Don’t you have a right to a speedy trial? Well, yes. But that phrase might not mean what you think it means. What is a speedy trial and where does that right...
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Hearsay at trial - Rule 803(2)
An excited utterance may be hearsay, but it’s admissible in court if the proper foundation has been laid. Rule 803 – Exceptions to the Rule Against Hearsay The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:(2) Excited Utterance. A statement relating to a startling...
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