Particle.news
Download on the App Store

Colorado Appeals Court To Hear Tina Peters Appeal as Pardon Fight Looms

The arguments test novel defenses, including a bid to extend presidential clemency to state crimes.

Overview

  • The Colorado Court of Appeals is set to hear Tina Peters’ case Wednesday afternoon, drawing national media interest after recent filings and public statements.
  • Peters’ team plans to challenge trial rulings that limited defenses, saying she acted in the lawful execution of a public duty and under a federal-officer theory tied to preserving election records.
  • Her attorneys also argue the judge wrongly refused certain jury instructions, including a proposed “Choice of Evils” defense, while prosecutors say such evidence would have misled jurors.
  • The defense intends to raise President Donald Trump’s pardon, asserting it should affect her case, as the state counters that the Constitution limits presidential clemency to federal offenses.
  • Sentencing is also at issue, with Peters claiming her punishment penalized her speech and Gov. Jared Polis calling the term harsh, while the state maintains the sentencing was proper.