Legal Question in Criminal Law in Colorado

Judge Misconduct

We're getting ready to go to trial on Monday, and 3 days before this trial we learned that the DA has new evidence that the judge is allowing. The rule in CO is that new evidence must be submitted no less than 30 days prior to the court date. We feel the judge and DA are in cahoots...what can we do?


Asked on 1/08/08, 7:37 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Judge Misconduct

Of course the judge will agree with the DA - the judge likely was a DA before he/she became a judge. As to what you can do, make a record of the discovery issue. If you fail to object now, you waive the right to appeal later.

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Answered on 1/09/08, 10:40 am


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