8 results for 'judge:"Boatright"'.
J. Boatright finds the lower court erroneously determined it held jurisdiction over the couple's divorce case. Although the husband owns several pieces of real estate in Colorado, he lives in Nebraska and has never moved to this state; therefore, he is "domiciled" in Nebraska under Colorado law and the lower court should have granted his motion to dismiss. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 6, 2024, Case #: 2024CO24, Categories: Family Law, Jurisdiction
J. Boatright finds the trial court erroneously granted defendant's motion to suppress during his first-degree murder case. His questioning by police shortly before his arrest occurred on a public roadway and did not involve commands or restraint; therefore, defendant was not in police custody at the time and the officers were not required to read him his Miranda rights beforehand. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: April 8, 2024, Case #: 2024CO18, Categories: Miranda, Murder
J. Boatright finds that because several Colorado laws related to health care employees who report suspected drug thefts provide immunity only to persons, the trial court properly denied the employer's request to dismiss the employee's defamation and emotional distress claims after she was falsely accused of taking patients' prescription medications. The three laws under which the supervisor was granted immunity repeatedly use the word "individual" to describe covered persons, which prevents application of immunity to a corporation. Furthermore, while the duty to report statute allows for corporate immunity, the law requires facilities to report suspected thefts only to law enforcement; therefore, the employer's reporting to its board of directors violated the statute and prevented immunity. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 25, 2023, Case #: 2023CO49, Categories: Employment, Health Care, Immunity
J. Boatright upholds the court of appeals decision the post-conviction court properly refused to grant defendant relief after he pleaded guilty to menacing. So long as a criminal defendant's Alford plea is voluntary, knowing and intelligent, a trial court is not required to make a strong finding of actual evidence of guilt to accept the plea because making such a finding is merely one way, and not the only way, a court can determine whether a plea is legitimate and constitutional. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 11, 2023, Case #: 2023 CO 46, Categories: Evidence, Plea, Menacing
J. Boatright finds that the appeals court was right that the state misled the jury by redacting statements that defendant made to police investigating a drunken driver report. Under the rule of completeness, claims he made about a woman driving his truck should have been admitted. And admitting the statements does not open up defendant to impeachment based on cross examination about previous DUI convictions.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: June 20, 2023, Case #: 21SC506, Categories: Evidence, Dui
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J. Boatright finds that the trial court properly admitted hearsay statements that a child made about alleged unlawful sexual behavior because the child was under 18 when she made them. Also, the appeals court correctly determined that for the crime of sexual assault on a child by a person in a position of trust, the child hearsay statute applies to any victim under the age of 18. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: June 12, 2023, Case #: 21SC340, Categories: Confrontation, Sex Offender, Child Victims
J. Boatright finds that the trial court properly admitted video of a forensic interview of a victim under the child hearsay statute. For the crime of sexual assault on a child by a person in a position of trust, the child hearsay statute applies to any victim under the age of 18. But the trial court must revisit the imposition of concurrent sentences since the offenses did not involve the same supporting evidence. Reversed in part.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: June 12, 2023, Case #: 21SC325, Categories: Confrontation, Sex Offender, Child Victims
J. Boatright finds that the trial court properly admitted statements a psychiatrist made that recounted non-Miranda statements defendant had made to police. Defendant pleaded not guilty by reason of insanity for the murder of his mother. If a defendant introduces psychiatric evidence as part of an insanity defense, the state may also use psychiatric evidence in rebuttal. And the waiver of the physician-patient privilege extends to statements made to non-physician clinicians working as a psychiatrist's agents. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 15, 2023, Case #: 21SC395, Categories: Competence, Miranda, Murder