Appellate Verdicts & Settlements

Appellate Advocacy

• Sample of published appeals handled by Richard Toray:

• People v. Eppens, 979 P.2d 14 (Colo. 1999) (Supreme Court reversed a successful challenge in the court of appeals to a conviction for sexual assault on a child, finding there was no plain error form social worker opining that child was sincere and that the prior consistent statements of the child properly were admissible under CRE 801(d)(1)(B)).
• Nguyen v. People, 900 P.2d 37 (Colo. 1995) (Supreme Court partially affirmed a successful equal protection challenge to the second-degree assault statute. The statute subsequently was amended by the legislature).
• People v. Frost, 5 P3d 317 (Colo. App. 1999) (certiorari denied as improvidently granted, 33 P3d 555 (Colo. 2001) (Conviction for sexual assault on a child reversed when the Court of Appeals agreed with the defense assertion that the prior assault of the victim's cousin was not properly admissible as other act evidence under CRE 404(b) and its admission was not harmless error).
• People v. Downing, 895 P2.d 1046 (Colo 1995) (successful challenge to an increase in time given an inmate under 35(b) when transferred from DOC to community corrections).
• Zapotocky v. People, 869 P2d 1234 (Colo. 1994) (Supreme Court rejected constitutional challenges, including due process and ex post facto) to the competency statutes).
• Gorman v. People, 19 P3d 662 (Colo. 2000) (Supreme Court rejected defense assertions that, despite omission of the element "knowingly" from the statute, the prosecution must prove that the defendant knew the age of the child/minor to be found guilty of contributing to the delinquency of a minor).
• People v. Rivera, 2002 WL 31268890 (Colo. App. 2002) (Court reversed a conviction for securities fraud because it found plain error resulted from the failure to provide the jury with a unanimity instruction).
• People v. McCarty, 874 p2d 394 (Colo. 1994) (Supreme Court found no new evidentiary hearing was required to re-sentence a defendant after revocation of probation).
• United States v. Mitchell, 274 F.3d 1307 (10th Cir. 2001)
• United States v. Caldwell, 219 F. 3d 1186 (10th Cir. 2000)
• People v. Gandiaga, 70 P.3d 523 (Colo. App. 2002)

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Gerash Steiner & Toray, P.C.
Appeals Attorneys
Denver, Colorado

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