Overview The Covid-19 Pandemic has affected every part of our lives in ways that are still difficult to understand.[1] One area in which the changes have been profound is in the criminal courts where issues of the public health crisis have changed court practice, rules, statutes, while having a...
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Warrant Required for Use of Thermal Imaging Devices to Detect Indoor Activities
The Fourth Amendment expressly protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before perform...
The Constitutionality of Roadblocks to Catch Drunk Drivers
The Fourth Amendment generally protects the right of people to be free from “unreasonable searches and seizures.” In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held ...
Death Sentence for the Crime of Rape Prohibited Under the Eighth Amendment
The U.S. Supreme Court considers the constitutionality of the death penalty under the Eighth Amendment, which prohibits “cruel and unusual” punishments. The death sentence is a cruel and unusual penalty, in violation of the Eighth Amendment, when it is “excessive” in relation to the crime committ...
Medicolegal Entomology
Forensic entomology is the study of insects in a manner that is considered reliable for public or legal matters. A subcategory, medicolegal entomology, is focused primarily on the study of insects in connection to investigations of death. Sometimes referred to as “medical entomology” or “medicocr...
What Are the Ages for Legal Sexual Relationships in Colorado
Each state defines the ages for legal sexual relationships. In Colorado, it is illegal for anyone eighteen or over to have sexual contact with a person who is under fifteen years old if there ages are more than four years apart. An exception to this rule exists if the parties are married. This of...
What to Do When You Are Stopped for a DUI in Colorado
In Colorado, it is very important to know what your choices are when an officer suspects you are driving under the influence of alcohol or drugs. Usually, once you are under suspicion, the officer will ask you to perform roadside maneuvers before he asks you anything about alcohol or drug testing...
Rule 11 Requirement that Courts Warn Defendants of No Right to Withdraw Guilty Pleas
Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 req...
Serving to Protect Those Injured
In a recently settled slip and fall case, Jonathan Willett obtained an $80,000 settlement against Wal-Mart for a 70 year old woman who fell at a Wal-Mart service counter. This personal injury case arose in Westminster, Colorado, and had to be filed when Wal-Mart did not acknowledge the plaintiff'...
New Standard for Review of Attorneys' Fees Requests in Colorado
In Munoz v. Measner, 09SC421, (February 28, 2011) the Colorado Supreme Court reversed the decision of the Colorado Court of Appeals concerning the type of findings required by Colorado trial courts when denying a request for attorneys' fees. In this quiet title action, the Munozes' lawyer withdre...