Tag: constitution
-
Lawyer’s failure to cite facts prompts 10th Circuit to toss excessive force case
The federal appeals court based in Colorado agreed last week that police officers from Littleton, Englewood and Denver cannot be held liable for killing one person and partially paralyzing another because the plaintiffs’ lawyer failed to cite any facts of the case while appealing a trial judge’s decision. During a late-night vehicle chase across multiple…
-
Colorado Supreme Court, 5-2, says no new trial following ‘overt, in-court racism’
The Colorado Supreme Court concluded on Monday that a Black defendant did not deserve a new trial after one juror disclosed he moved to the overwhelmingly White jurisdiction because he “didn’t want diversity,” and the trial judge refused to dismiss him for bias. By 5-2, the court believed Reginald Keith Clark had not shown the…
-
Susan Prose talks about surprises, self-represented plaintiffs and settlements in first year as magistrate judge
U.S. Magistrate Judge Susan Prose, speaking about her first year as a federal judge on Thursday, described multiple eye-opening experiences on the bench, including the revelation that some litigants are not actually seeking a speedy trial. “I’ve been surprised to see how frequently folks actually don’t want to go to trial. It’s not just defendants…
-
Boulder County detectives violated suspect’s Miranda rights, Supreme Court rules
Boulder County sheriff’s detectives continued to interrogate a murder suspect even after he definitively invoked his constitutional right to remain silent, the Colorado Supreme Court concluded on Monday in barring the prosecution from using the man’s in-custody statements at trial. The Boulder County District Attorney’s Office insisted a pair of detectives attempted to end the…
-
Colorado justices agree ‘nature of relationship’ with minor relatives governs sex offender restrictions
The Colorado Supreme Court decided on Monday that a person on sex offender probation does not have his constitutional rights violated anytime his contact is restricted with minor relatives who are not his children. Instead, the Supreme Court decided such relationships fall on a “spectrum of protection,” with parent-child relationships requiring the greatest degree of…
-
Colorado Supreme Court bars proposed ban on gender-affirming care for minors, clears way for primary election revamp
The Colorado Supreme Court on Monday confirmed a proposed ballot initiative to ban gender-affirming care for children will not appear on the November ballot, while another measure that would revamp the state’s primary elections and implement ranked-choice voting remains eligible. The justices reached their conclusions on narrow procedural grounds, revolving around the deadline for seeking…
-
Colorado’s justices hesitant to find lifetime sentences unconstitutional for felony murder
Members of the Colorado Supreme Court on Monday gave an unenthusiastic reception to the idea that defendants currently serving life without the possibility of parole for felony murder are subject to cruel and unusual or “grossly disproportionate” sentences. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be…
-
Colorado justices find Adams County judge mistakenly barred drug evidence from man’s arrest
An Adams County judge mistakenly concluded that sheriff’s deputies unconstitutionally prolonged a traffic stop, the Colorado Supreme Court ruled on Monday, when the facts showed the officers had actually placed the defendant under “full arrest” supported by probable cause. The Fourth Amendment prohibits unreasonable searches and seizures, and there are limits on law enforcement’s ability…
-
Appeals court orders new trial in stalking case a year after U.S. Supreme Court finds flaw
Colorado’s second-highest court on Thursday ordered a new trial in the Arapahoe County stalking case that went all the way to the nation’s highest court and resulted in a new burden for prosecutors seeking to convict alleged stalkers based on their communications. Last year, by 7-2, the U.S. Supreme Court handed down its ruling in Counterman…
-
Appeals court finds judge did not punish man for religious beliefs when giving ex-wife parenting authority
Colorado’s second-highest court last month rejected a man’s claim that a Larimer County judge unconstitutionally penalized him for expressing religious beliefs critical of homosexuality when she awarded parental decision-making to his ex-wife. District Court Judge Laurie K. Dean gave Brandon Ribble’s ex-wife broad decision-making responsibility for the couple’s children as a result of their divorce.…