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Colorado Fire Starter to Be Resentenced

by TChris

Judges who impose sentences should be dispassionate and impartial. Sentences are imposed by judges, rather than victims, because a judge who has no personal stake in the outcome is presumed to be motivated by reason, not by a personal desire for vengeance.

According to a Colorado appellate court, Judge Edward Colt crossed the line when he reflected on the crime's impact on his own life while sentencing Terry Lynn Barton to 12 years in prison for starting a wildfire in 2002.

[The court held that Judge Colt] had the "appearance of prejudice" when he spoke of spending a night in a hotel to escape the smoke and fire, helping dispense food to residents displaced by the blaze, and helping a court clerk and personal friend evacuate her home during the fire.

The appellate court said that a term of two to six years would have been appropriate. It ordered a new sentencing hearing before a different judge.

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