Tag: constitution
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10th Circuit fixes oversight, overturns judge’s order in prisoner lawsuit
Although the federal appeals court based in Denver declined on Tuesday to revisit its prior ruling making it easier for prison officials to defeat lawsuits from incarcerated plaintiffs, it corrected a seeming oversight and overturned a judge’s order that both sides took issue with. In March, a three-judge panel of the U.S. Court of Appeals…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
A man serving a life sentence for murder will receive a new trial after Colorado’s second-highest court concluded last week that law enforcement unconstitutionally used a “shortcut” to unlock his phone in time for his original trial. In reaching its conclusion, a three-judge panel for the Court of Appeals rejected the idea that a cell…
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Colorado Supreme Court dodges constitutional question, dismisses latest Masterpiece Cakeshop case on procedural grounds
The Colorado Supreme Court, by 4-3, declined on Tuesday to address the high-profile issue of a Christian baker’s refusal to make a cake for a customer celebrating a gender transition, instead concluding the case was not properly filed in the first place. Previously, a trial judge and the state’s Court of Appeals found Masterpiece Cakeshop, owned…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Federal judge stands by ruling dismissing some of protesters’ claims against Denver
A federal judge last week refused to alter her ruling allowing only some claims to proceed to a jury trial against Denver for its alleged constitutional violations against protesters. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series of lawsuits.…
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10th Circuit says no constitutional violation from Denver officers’ warrantless search of storage unit
Denver police officers did not violate a man’s constitutional rights with their warrantless search of a storage locker he had been using without authorization in his apartment building, the federal appeals court based in Colorado ruled last month. Although the U.S. Court of Appeals for the 10th Circuit emphasized its Sept. 20 opinion hinged on specific shortcomings…
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Colorado justices decline to find life sentences unconstitutional for non-triggermen
A life sentence without parole does not violate the constitutional prohibition on cruel and unusual punishment for defendants who did not kill the victim personally, the Colorado Supreme Court ruled on Monday. Prior to 2021, life without parole was the punishment for those convicted of felony murder. A defendant is guilty of felony murder if…
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Federal judge allows lawsuit to proceed against medical staff in Pueblo County jail
A federal judge on Monday dismissed claims that medical staff at the Pueblo County jail were deliberately indifferent to a detainee’s risk of suicide in the days before he died, but allowed other claims relating to the man’s physical pain to proceed. Jay Philip Pritchard entered the jail on Oct. 29, 2021, allegedly alerting multiple…
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Federal judge speaks about ‘concerning trends’ of threats against judges, weighs in on judicial ethics
Chief U.S. Magistrate Judge Michael E. Hegarty spoke about a wide range of topics to a Lakewood audience on Tuesday, from judicial ethics and threats against judges to the role of religion in the courtroom. “In my world, you don’t even want the appearance of impropriety. You want to be above reproach. And so, we…
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Federal judge again declines to dismiss torture charges against West African man
A federal judge this month again declined to dismiss multiple criminal charges on constitutional grounds in the unique prosecution of a West African man living in Colorado, whose alleged acts of torture in his home country could violate U.S. law. Michael Sang Correa faces seven torture-related counts for his involvement in the investigation of an…