Legal News and Insights
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Victim Impact Evidence in Colorado: New Case 17CA1583 People v Martinez
October 11, 2020Colorado Criminal Procedure, Legal News, Trial Resource Centercourt, court of appeals, evidence, trial, victim impact evidence
“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...Read More
Miranda in Colorado: Case Note: No. 20SA11, People v. Clark
June 26, 2020Constitutional Rights, Legal NewsCase Update, colorado, Colorado Supreme Court, Custody, Decision, Miranda
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...Read More
Speedy trial in the time of COVID-19
June 13, 2020Colorado Criminal Procedure, Constitutional Rights6th amendment, barker, colorado, constitution, corona, covid, rights, Rule 48, speedy trial, trial
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...Read More
Excited Utterance – 803(2) Hearsay Exception
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...Read More