Starting at People v. Brown……………, today decided by the Colorado Court of Appeals in an opinion of Judge James Casebolt joined by Judge David Furman over a dissent of Judge Lino Lipinsky
When does a statement by an irate and angry respondent parent in a dependency and neglect (D&N) case rise to the level of a “credible threat” that may be punished under section 18-8-615, [Colo. Rev. Stat.]2021 which prohibits the use of retaliation to a judge
In this case, Adrian Jeremiah Brown appeals the judgment of conviction entered on a jury verdict finding him guilty of violating that provision when, after being told by the D&N judge that he must undergo a domestic violence evaluation or anger management therapy, he stated, “Let me kidnap your daughter and see if you don’t get angry. It is a fact that you do not live in the United States, Your Honor. Let’s find out if this can be resolved. You might be furious.
This statement is not protected by the Colorado Supreme Court and, together with other factors, constitutes a true threat under Colorado Supreme Court’s recent case. Individuals in the Interest of R.D.2020 CO 44. We thus affirm Brown’s conviction….
You can read the opinions here.