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State Courts -
Colorado - May 3, 2007
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People v. Mosley, Court of Appeals No. 04CA0587,
COURT OF APPEALS OF COLORADO, DIVISION SIX, May 3, 2007, Decided
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Overview: Trial court committed plain error, and therefore defendant was entitled to a new sexual assault trial, by placing a visual barrier, and easel, between the child victim and defendant while the victim testified in violation of defendant's Confrontation Clause rights and in contravention of the procedures provided in 2003 Colo. Sess. Laws 18-3-413.5.
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People v. Tolbert, Court of Appeals No. 05CA1836,
COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Where defendant pled guilty to attempted sexual assault, the order denying his second postconviction motion challenging his parole term was vacated because, inter alia, the sentence was illegal if it imposed a mandatory parole term and the law of the case doctrine, rather than an absolute bar, applied to successive Colo. R. Crim. P. 35(a) motions.
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