Author: Michael Karlik michael.karlik@coloradopolitics.com
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Federal judge allows retaliation claims to proceed against prison officials
A federal judge agreed last week that a man incarcerated at Sterling Correctional Facility had credibly alleged that employees retaliated against him for filing grievances, including by taking away his disability accommodations and turning off his electricity. Louis Peoples Jr., 72, has visual and mobility impairments, plus a heart condition, diabetes, and susceptibility to seizures.…
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Colorado court overturns illegal $7,000 restitution order
Colorado’s second-highest court overturned a Weld County defendant’s obligation to pay more than $7,000 in crime victim restitution on Thursday because a trial judge failed to issue a legally compliant restitution order at the time of sentencing. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. In People…
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Appeals court orders second look at Denver Water’s immunity for cyclist’s injury
Colorado’s second-highest court ordered another look at a bicyclist’s negligence lawsuit against Denver Water on Thursday, concluding that a trial judge needed to evaluate the utility’s potential immunity using the state Supreme Court’s new guidance. Joseph A. “Joey” Scott alleged that he was biking northbound in the 800 block of Ogden Street when he encountered…
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Parole, appeals deadlines and restitution: Colorado justices accept cases
The Colorado Supreme Court announced on Monday that it will determine how a defendant’s parole-eligibility date should be calculated in instances where a new trial results in a sentence being imposed retroactively to the date of the original, since-overturned sentence. At least three of the court’s seven members must agree to hear a case on…
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3 Colorado judges receive unfavorable retention recommendation as one performance commission violates rules
Of the 123 Colorado judges standing for retention on the November ballot, citizen-led performance commissions found that three did not meet the required performance standards. However, in an unprecedented move, the commission charged with evaluating Supreme Court and Court of Appeals members stepped in to issue its own narrative after it concluded the local performance…
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10th Circuit upholds federal prohibition on juvenile handgun possession
The Denver-based federal appeals court concluded on Monday that Congress acted within its constitutional powers to make it a crime for juveniles to possess handguns in most instances. The decision from the U.S. Court of Appeals for the 10th Circuit was highly unusual, as it involved a juvenile defendant’s prosecution in federal court. The Juvenile…
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Federal judges find Colorado immigration judge violated several orders
Multiple federal judges in Colorado have freed people from immigration custody after determining that one immigration judge violated their directives for properly conducting bond hearings. For nearly a year, Colorado’s U.S. District Court has faced a flood of habeas corpus petitions from those in immigration detention. The most common allegation is that the government is improperly…
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Misconduct complaints from ex-Colorado judicial discipline director dismissed against federal judges
The administrative body for the Denver-based federal appeals court upheld a finding last week that misconduct complaints against Colorado’s chief federal trial judge and the chief appeals judge warranted dismissal and appeared to be a “litigation tactic” by the complaining party. The Judicial Council of the U.S. Court of Appeals for the 10th Circuit concluded…
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First-ever Red Rocks naturalization ceremony draws most diverse group of new citizens
Colorado’s federal trial court held its first-ever naturalization ceremony for nearly 300 new citizens on Thursday at Red Rocks Park and Amphitheatre. “We’re doing it to commemorate the 250th anniversary of the Declaration of Independence and the United States. Red Rocks is a particularly fitting location for this. It’s a place that, of course, reminds…
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10th Circuit finds no fair housing violation by Littleton landlord for worker’s alleged rape of tenant
The Denver-based federal appeals court concluded on Monday that Littleton’s housing authority could not be held liable for a maintenance worker’s alleged rape of a tenant, as the worker’s employment did not provide any special access to the victim. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged that neither…