6 results for 'judge:"Yun"'.
J. Yun finds the lower court properly dismissed defendant's gross disproportionality challenge to his 48-year prison sentence. The second-degree murder charge to which he pleaded guilty following the fatal drunk driving crash is a per se serious offense, while the physical and emotional damage inflicted on both the victims and their families warranted the maximum sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 9, 2024, Case #: 2024COA49, Categories: Murder, Sentencing, Vehicular Homicide
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: Sentencing, Sex Offender
J. Yun finds the black juvenile defendants were not victims of selective prosecution when the state agreed to remand two white codefendants' cases to juvenile court. Although all four defendants were charged with the same crimes initially, the white defendants' cooperation with the prosecution allowed for different treatment of their cases. It was also undisputed one of the black defendants was the individual who shot and killed the victim during the robbery, which separated him from the remaining defendants, and when combined with their lack of cooperation, this was sufficient to allow the black defendants' cases to remain in adult court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: January 18, 2024, Case #: 2024COA7, Categories: Juvenile Law, Murder, Civil Rights
J. Yun finds the Colorado Supreme Court's ruling in Rojas v. People did not establish a new constitutional rule of criminal procedure for the admission of testimony to explain a victim's delay in reporting sex crimes and, therefore, it could not apply retroactively to defendant's case, which allowed the lower court to dismiss his petition for postconviction relief. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: November 30, 2023, Case #: 2023COA113, Categories: Criminal Procedure, Constitution, Sex Offender
J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: Arbitration, Wrongful Death, Contract
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J. Yun finds, on first impression, that the public integrity statute does not bar a third party from intervening when the attorney general files a civil complaint against a government entity based on a reasonable belief that the government entity violated individual civil rights. The state sued to enjoin a city fire department from using ketamine or other chemical sedatives at the direction of police. The trial court erred in denying a request by a firefighter and EMT union for intervention in the case. The union may not intervene as of right, but a district court may grant a request for permissive intervention if the applicant shares a question of law or fact in common with the main action. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: June 8, 2023, Case #: 22CA0988, Categories: Civil Procedure, Civil Rights