Chad Abraham:
"Nichols also sanctioned Mordkin in August over pretrial evidence, ruling that certain evidence could not be used in an aggravated motor-vehicle theft case. For that ruling, Nichols cited discovery infractions in five felony cases dating back to 2009.
District Attorney Martin Beeson appealed those sanctions to the Colorado Court of Appeals, which has yet to rule. The prosecutors are asking the appellate court to consolidate the appeals they made in the motor-vehicle theft case and in Robinson’s case.
In the former, Beeson wrote that Nichols’ examples of pretrial missteps involved only a tiny fraction of the caseload that the Aspen district attorney’s office handled correctly. The appeal of the Robinson sanctions are “substantially similar,” the filing says, and the appellate court’s ruling “in either case will in all likelihood dispose of the issues in the other.”...." (Read more? Click title)
Showing posts with label 9th Judicial District Office of the District Attorney sanctioned. Show all posts
Showing posts with label 9th Judicial District Office of the District Attorney sanctioned. Show all posts
June 12, 2012
March 10, 2012
SandBoxBlogs: Aspen Daily News "In sanctions appeal, DA accuses public defender of ‘gotcha’ tactic"
Update to this post on March 13, 2012 from the Aspen Daily News:
"An article in Saturday’s edition about the 9th Judicial District Attorney’s Office appealing a judge’s sanction contained incorrect information. The trial court’s order dismissing the case is a final order for purposes of appeal. But if the office wins the appeal, the defendant can be brought back to trial..."
(Read original correction? Click title)
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Note from SandBox:
Chad Abraham:
"Even though Aguilera-Pimentel cannot be prosecuted again, Beeson decided to appeal.
The “issue of the sanctions imposed by the district court in our case is one of high importance statewide as it basically sets a standard of absolute perfection when dealing with discovery issues,” Beeson said in an email. “We believe this to be an issue of policy statewide, and we are confident that once the merits of the appeal are actually considered, we will prevail.”...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"An article in Saturday’s edition about the 9th Judicial District Attorney’s Office appealing a judge’s sanction contained incorrect information. The trial court’s order dismissing the case is a final order for purposes of appeal. But if the office wins the appeal, the defendant can be brought back to trial..."
(Read original correction? Click title)
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Note from SandBox:
(Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesty of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )
Chad Abraham:
"Even though Aguilera-Pimentel cannot be prosecuted again, Beeson decided to appeal.
The “issue of the sanctions imposed by the district court in our case is one of high importance statewide as it basically sets a standard of absolute perfection when dealing with discovery issues,” Beeson said in an email. “We believe this to be an issue of policy statewide, and we are confident that once the merits of the appeal are actually considered, we will prevail.”...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
January 30, 2012
SandBox Comments: Aspen Daily News "Drug defendant, jailed for nearly 10 months, waits for Supreme Court ruling"
Chad Abraham:
"The longest-serving inmate in the Pitkin County Jail inquires daily about the status of his case at the Colorado Supreme Court, his attorney said Thursday.
Andrian Arapu, 26, originally of the Eastern European nation of Moldova, is “doing OK,” said the defendant’s lawyer, John Van Ness of Woody Creek, on Friday. “He’s getting antsy, though.”
Arapu, who has been in jail since his April 6 arrest, remains charged with possession of cocaine with the intent to distribute and a lesser count of possession, despite a judge’s suppression in November of pivotal evidence.
Arnold Mordkin, chief deputy district attorney, said at a Nov. 7 hearing that he cannot prosecute Arapu without the evidence, and a ruling like the one a local judge made would usually free a defendant.
But Mordkin in December appealed the ruling by Judge Gail Nichols of the 9th Judicial District to the Colorado Supreme Court. That move automatically stayed all proceedings — such as Nichols potentially approving a motion to dismiss — and the case could remain stalled for months before the high court takes it up. The justices could also decline to hear the appeal, which would automatically uphold Nichols’ ruling..." (Read more? Click title.)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"The longest-serving inmate in the Pitkin County Jail inquires daily about the status of his case at the Colorado Supreme Court, his attorney said Thursday.
Andrian Arapu, 26, originally of the Eastern European nation of Moldova, is “doing OK,” said the defendant’s lawyer, John Van Ness of Woody Creek, on Friday. “He’s getting antsy, though.”
Arapu, who has been in jail since his April 6 arrest, remains charged with possession of cocaine with the intent to distribute and a lesser count of possession, despite a judge’s suppression in November of pivotal evidence.
Arnold Mordkin, chief deputy district attorney, said at a Nov. 7 hearing that he cannot prosecute Arapu without the evidence, and a ruling like the one a local judge made would usually free a defendant.
But Mordkin in December appealed the ruling by Judge Gail Nichols of the 9th Judicial District to the Colorado Supreme Court. That move automatically stayed all proceedings — such as Nichols potentially approving a motion to dismiss — and the case could remain stalled for months before the high court takes it up. The justices could also decline to hear the appeal, which would automatically uphold Nichols’ ruling..." (Read more? Click title.)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
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