Tag: constitution
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Appeals court declines to upend women’s volleyball tournament in lawsuit over trans player
The delay in challenging a collegiate policy addressing trans athletes ‘was not reasonable,’ Judge S. Kato Crews wrote on Monday
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Federal judge says jury not influenced by incarcerated plaintiff’s appearance in shackles
A federal judge last month rejected an incarcerated plaintiff’s request for a new civil trial in his constitutional rights lawsuit, concluding the jury was not influenced by the man’s appearance in shackles at trial. This summer, Dean Carbajal received a jury trial on his claim that Colorado Department of Corrections employees failed to protect him…
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Appeals judge suggests legislature clarify law providing compensation to exonerated defendants
A member of Colorado’s second-highest court suggested last month that lawmakers clarify whether defendants are only supposed to be eligible for compensation when they are innocent of the specific crime they were convicted of, even if there is evidence their conduct still amounted to a different crime. In 2013, the legislature passed the Exoneration Act,…
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Colorado Supreme Court to hear appeal claiming race-based prosecution
The Colorado Supreme Court announced on Monday it will review whether a juvenile defendant who was tried and convicted of murder as an adult was entitled to have the case dismissed because the government allegedly engaged in selective, race-based prosecution. At least three of the court’s seven members must agree to take up a case…
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Abortion on the ballot in Colorado
Coloradans have the chance to enshrine abortion access into the state’s Constitution on Tuesday.
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10th Circuit underscores high standard for constitutional claims against doctors
The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
Members of the Colorado Supreme Court suggested on Wednesday that Denver police could have moved more rapidly to obtain a search warrant for a man’s vehicle, but at the same time they doubted the delay amounted to a constitutional violation. A trial judge previously barred prosecutors from using evidence of narcotics found in Arthur Mills’…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…
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10th Circuit says Costilla County’s process for permitting septic tank does not violate Constitution
The federal appeals court based in Denver agreed last week that while two property owners in Costilla County have argued the process for permitting their septic tank should look different, the county’s existing protocol does not violate their constitutional rights. Billie and Tracy Smith, a mother and son from South Carolina, sued two Costilla County…