6 results for 'judge:"Schock"'.
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, Elections, Defamation
J. Schock finds that although defendant completed the deferred judgment and sentence portion for several sexually-based offenses, the lower court properly denied his motion to be removed from Colorado's sex offender registry. He was convicted of assault in the same case and, therefore, is ineligible for removal. The exception that allows for removal from the registry following completion of a deferred sentence requires dismissal of the criminal case, but because defendant's assault conviction was not dismissed, and never will be, the exception does not apply to him. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: February 15, 2024, Case #: 2024COA14, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Schock finds the trial court improperly sentenced defendant for her conviction on charges of possession of meth with intent to distribute. Defendant was convicted for burglary, conspiracy, theft, possession with intent to distribute and identity theft. All charges but the possession charge stem from her burglary of a home, which was evacuated due to an approaching fire. Defendant’s 64-year habitual criminal sentence for possession with intent to distribute, based on two prior convictions for the same, raises an inference of disproportionality and must be reviewed. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock , Filed On: December 14, 2023, Case #: 2023COA120, Categories: Burglary, Drug Offender, Sentencing
J. Schock finds that while the trial court properly considered arrest warrant affidavits during defendant's sentencing, it could not use claims of distribution of methamphetamine to convert defendant's possession conviction into a distribution conviction, one that is a grave offense with harsher sentencing guidelines. Therefore, the 64-year sentence imposed for defendant's possession convictions creates an inference of disproportionality and the case must be remanded to allow the trial court to conduct an extended proportionality review. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: December 14, 2023, Case #: 2023COA120, Categories: Drug Offender, Sentencing
J. Schock finds the trial court properly sentenced defendant as a level 1 drug offender after he pleaded guilty to distribution of methamphetamine. Although conspiracy charges require level 2 sentences under Colorado law, the crime of which defendant was convicted was not a conspiracy charge, but rather a level 1 offense that required a corresponding level 1 sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: October 26, 2023, Case #: 2023COA98, Categories: Drug Offender, Sentencing
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J. Schock finds that the district court erred in awarding a landlord just five months of rent after its tenant quit paying rent on a lease with seven years left. The landlord did not have a duty to make reasonable efforts to sell the property to mitigate the loss of rent. Reversed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: June 15, 2023, Case #: 22CA1009, Categories: Landlord Tenant