Divided Appeals Court Upholds Convictions
A man's convictions for unlawful possession of a firearm were upheld by Colorado's second-highest court on Thursday.
Matthew Torres attempted to exclude evidence of a handgun in his waistband, arguing that police stopped and frisked him in violation of the Fourth Amendment.
A trial judge disagreed, finding that police had reasonable suspicion to stop Torres based on pretrial testimony from an officer who claimed to have seen a gun on Torres before he was seized.
the majority acknowledged it was potentially unfair that a Denver officer testified to a different sequence of events at trial than earlier in the case.
The court's decision was made despite acknowledging the potentially unfair contradictory police testimony.
Author's summary: Court upholds firearm convictions despite unfair testimony.
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