mitigating and aggravating factors (Colorado) · Go Syfert
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mitigating and aggravating factors in Colorado

5 Colorado opinions name it 2 courts 1990–2025 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Ruibal v. Peoplegreen
colo · 2018 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Ruibal, 2015 COA 55 , ¶ 58, aff’d, 2018 CO 93 .

11
People v. Galindogreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2002–2002
1 sentence

2002People v. Galindo, 884 P.2d 1109, 1112 (Colo.1994); People v. Wechsler, 854 P.2d 217, 228 (Colo. 1993); People v. Vincent, 35 P.3d 140 (Colo. PDJ 1999), affirmed Appellate Discipline Commission, January 26, 2000.

11
People v. Wechslergreen
colo · 1993 · cited in 1 Colorado opinions naming this issue, 2002–2002
1 sentence

2002People v. Galindo, 884 P.2d 1109, 1112 (Colo.1994); People v. Wechsler, 854 P.2d 217, 228 (Colo. 1993); People v. Vincent, 35 P.3d 140 (Colo. PDJ 1999), affirmed Appellate Discipline Commission, January 26, 2000.

11
People v. Davisgreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990Id. at 796 ; see also People v. Davis, 794 P.2d 159, 190 (Colo.1990). [17] Unless the jury finds that the mitigating factors outweigh the proven statutory factors, it must move on to step four and determine whether death is the appropriate penalty. [18] To ensure the reliability of the *178 verdict, we held in Tenneson that the fourth step instruction must require jurors "to return a verdict of death only if they unanimously agreed that death was the appropriate punishment beyond a reasonable doubt. " Tenneson, 788 P.2d at 796 (emphasis added).

1990Id. at 796 ; see also People v. Davis, 794 P.2d 159, 190 (Colo.1990). 17 Unless the jury finds that the mitigating factors outweigh the proven statutory factors, it must move on to step four and determine whether death is the appropriate penalty. 18 To ensure the reliability of the verdict, we held in Tenneson that the fourth step instruction must require jurors “to return a verdict of death only if they unanimously agreed that death was the appropriate punishment beyond a reasonable doubt.” Tenneson, 788 P.2d at 796 (emphasis added).

11
People v. Tennesongreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990Id. at 796 ; see also People v. Davis, 794 P.2d 159, 190 (Colo.1990). 17 Unless the jury finds that the mitigating factors outweigh the proven statutory factors, it must move on to step four and determine whether death is the appropriate penalty. 18 To ensure the reliability of the verdict, we held in Tenneson that the fourth step instruction must require jurors “to return a verdict of death only if they unanimously agreed that death was the appropriate punishment beyond a reasonable doubt.” Tenneson, 788 P.2d at 796 (emphasis added).

1990Id. at 796 ; see also People v. Davis, 794 P.2d 159, 190 (Colo.1990). 17 Unless the jury finds that the mitigating factors outweigh the proven statutory factors, it must move on to step four and determine whether death is the appropriate penalty. 18 To ensure the reliability of the verdict, we held in Tenneson that the fourth step instruction must require jurors “to return a verdict of death only if they unanimously agreed that death was the appropriate punishment beyond a reasonable doubt.” Tenneson, 788 P.2d at 796 (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Hanks green
colo · 1998
1 sentence

2005CONCLUSION Upon consideration of the duties breached, the resulting injuries, Respondent’s mental state, and the mitigating and aggravating factors, the Hearing Board finds this ease to be similar to People v. Hanks, 967 P.2d 144 (Colo.1998), in which an attorney was suspended for one year and one day for willful failure to satisfy child support obligations.

12005–2005
People v. Vincent neutral
colo · 1999
1 sentence

2002People v. Galindo, 884 P.2d 1109, 1112 (Colo.1994); People v. Wechsler, 854 P.2d 217, 228 (Colo. 1993); People v. Vincent, 35 P.3d 140 (Colo. PDJ 1999), affirmed Appellate Discipline Commission, January 26, 2000.

12002–2002
People v. Smith green
colo · 1989
2 sentences

1993We observed in People v. Smith, 769 P.2d 1078 (Colo.1989): A private censure, because it does not inform the public about a lawyer’s misconduct, “should be used only when the lawyer is negligent, when the ethical violation results in little or no injury to a client, the public, the legal system, or the profession, and when there is little or no likelihood of repetition.” Id. at 1080 (quoting ABA Standards 2.6 (commentary)) (public rather than private censure was appropriate where attorney’s misconduct involved misrepresentation as well as neglect, even taking into account several mitigating fa

1993We observed in People v. Smith, 769 P.2d 1078 (Colo.1989): A private censure, because it does not inform the public about a lawyer’s misconduct, “should be used only when the lawyer is negligent, when the ethical violation results in little or no injury to a client, the public, the legal system, or the profession, and when there is little or no likelihood of repetition.” Id. at 1080 (quoting ABA Standards 2.6 (commentary)) (public rather than private censure was appropriate where attorney’s misconduct involved misrepresentation as well as neglect, even taking into account several mitigating fa

11993–1993

Where else courts name it

IL 65 (1990–2026) CA 27 (1979–2026) IN 23 (1987–2020) NJ 21 (1986–2025) WA 15 (2000–2021) OH 11 (2006–2020) GA 8 (2012–2026) PA 8 (2017–2025) NY 6 (2015–2025) MN 5 (2000–2016) CO 5 (1990–2025) RI 5 (2002–2003) ME 3 (1998–2023) FL 3 (1989–2014) AZ 3 (1994–2026) DC 3 (1989–2000) WV 2 (2006–2021) ID 2 (1998–2023) NC 2 (2021–2021) WI 2 (2010–2014) UT 2 (2015–2016) MD 2 (2021–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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