Overview
- Colorado Court of Appeals heard arguments on Jan. 14 about whether the trial court wrongly curtailed Tina Peters’ ability to present intent-based defenses tied to her official duties.
- Judges questioned if the trial judge’s “charlatan” remarks and focus on Peters’ election statements improperly influenced a nine-year sentence, potentially implicating First Amendment concerns.
- The panel pressed prosecutors over jury instructions on criminal impersonation, suggesting the charge may have been treated as a felony when the wording supported only a misdemeanor.
- Judges did not take up the scope of the presidential pardon during oral arguments and said they will address that and other jurisdictional issues in written rulings.
- State attorneys maintain the president’s pardon power reaches only federal offenses, as Peters remains incarcerated and Governor Jared Polis weighs clemency amid public opposition from Colorado election officials.