Tag: judge pax moultrie
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Appeals court cites week-old Colorado law to reinstate child neglect case at child, father’s request
Colorado’s second-highest court invoked a new state law for the first time on Thursday and reinstated a child neglect case that both the child and her father wished to reopen. House Bill 1227 took effect on Aug. 12, reversing a Colorado Supreme Court decision from 2025 that addressed what should happen after a county moves…
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Appeals court clarifies meaning of ‘at-risk’ victim based on breathing disability
Colorado’s second-highest court clarified last month that victims qualify as “at-risk” under state law if they required mechanical assistance to breathe on the date of the offense against them. El Paso County prosecutors charged Jon Claude Crow with third-degree assault, which is ordinarily a misdemeanor. It becomes a felony if the assault is on an…
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Divided appeals court reverses conviction after judge declined to define ‘bludgeon’
Colorado’s second-highest court reversed a Jefferson County defendant’s felony menacing conviction on Thursday, concluding that the trial judge’s failure to define “bludgeon” for jurors may have affected the outcome. A three-judge Court of Appeals panel divided in unusual ways in the case of Michael Casey Simms. Two judges believed the definition of “reasonable doubt” that…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Colorado justices, appeals judges speak of need to keep heads down amid political attacks
Two members of the Colorado Supreme Court and three Court of Appeals judges discussed their obligation on Tuesday to refrain from pushing back overtly on political attacks or misrepresentations of their work. Chief Justice Monica M. Márquez also disclosed certain strategies the judicial branch is employing to counter tangible threats to judges’ security. “My concern is…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court finds El Paso County magistrate erred in 2 cases
Colorado’s second-highest court last month concluded a former El Paso County magistrate did not follow the law or the rules governing magistrates when adjudicating two complex family disputes. The first case revolved around the guardianship of Martin Acosta, a developmentally disabled man in his mid-50s. His mother had been his legal guardian since 1997, but…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Colorado Supreme Court censures ex-Denver juvenile Judge Brett Woods for alcohol use, retaliation
The Colorado Supreme Court censured former Denver Juvenile Court Presiding Judge D. Brett Woods on Monday for being intoxicated on the job and for firing an employee who first reported his problematic alcohol use five years ago. Woods was a judge on Denver’s freestanding juvenile court for 17 years before stepping down in February. His…
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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…