Recent Cases in the News

A number of recent cases have made the news or have become public.  A brief synopsis of the facts, protecting the confidences of clients and others in the criminal justice system, is related.

Recent Trends in Criminal Investigation

There are many recent advances in criminal investigation including work with DNA, eyewitness testimony, and pretext phone conversations.

Recent Important Legal Decisions

Most criminal cases are successfully resolved before trial, only about five or so percent of all criminal cases go to trial.  Of these, only a small proportion are appealed which results in a legal or appellate decision.  A number of our cases, when appealed, including these discussed here, have resulted in favorable appellate decisions.

In this case in which our client was tried for murder, we strenuously objected when the testimony of a dead relative from a previous hearing was introduced, arguing that it violated our client's right to confront and cross-examine the witness.  On appeal, the Colorado Supreme Court agreed with us and ruled that before a witness’s previous testimony can be used at trial, the witness must be unavailable to testify at trial and the defendant must have had an adequate prior opportunity to cross-examine that witness. What was particularly gratifying, was that the Colorado Supreme Court relied on a case we advocated to the trial court that supported are argument that in representing our clients we must have the ability to completely defend her or him and be able to cross-examine a witness at trial.

  Trial can be heard by either a judge or by a jury depending upon various trial strategies.  In preparing for trial on a first-degree murder, we successfully excluded statement evidence that had been illegally obtained from our client.  The prosecution appealed the trial court's decision and we successfully demonstrated to the Colorado Supreme Court that our client's constitutional and statutory rights had been violated.

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Last modified: March 03, 2008