Tag: justice richard gabriel
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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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Colorado justices to decide insurance companies’ obligation to disclose relevant policies
The Colorado Supreme Court announced on Monday that it will decide whether an insurance company violated state law by withholding an at-fault driver’s policy for nearly a year when there was no dispute that the policy was not in effect at the time of the accident. At least three of the court’s seven members must…
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Colorado Supreme Court: Redistricting plans for 2028 election cannot proceed under state constitution
The Colorado Supreme Court blocked all attempts at redrawing congressional district boundaries for the 2028 election from reaching the ballot on Monday, concluding each of the proposed ballot measures violated the constitutional single-subject requirement. The court considered five distinct but related ballot measures. Half of the proposals would have redrawn U.S. House of Representatives districts…
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Colorado justices confirm leaving-the-scene prosecutions require no proof of driver’s knowledge
The Colorado Supreme Court confirmed on Tuesday that its 20-year-old decision involving drivers who leave the scene of an accident remains good law and prosecutors do not have to prove that such defendants knew they were involved in an accident. In 2006, the Supreme Court ruled that leaving the scene of an accident resulting in…
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Safe2Tell tip, corroborated details provided grounds to search backpack, Colorado justices rule
The Colorado Supreme Court decided this month that a tip submitted through the state’s confidential school safety system, plus a Douglas County administrator’s corroboration of some details, provided reasonable suspicion to search a student’s backpack for drugs. Someone submitted a tip through Safe2Tell, Colorado’s school safety reporting system, alleging a Chaparral High School student was smoking…
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Colorado Springs may be sued for faulty intersection, state Supreme Court rules
The Colorado Supreme Court decided last month that Colorado Springs can be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. The question for the Supreme Court was whether the traffic arrangement provided “conflicting” signals to plaintiff Bernard…
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Colorado justices acknowledge judge’s misunderstanding of law in eminent domain case
Members of the Colorado Supreme Court appeared to agree on Tuesday that a Douglas County judge incorrectly believed he lacked the authority to allow a property owner to pursue evidence challenging a government entity’s legal right to take the property through eminent domain. But during oral arguments, multiple justices bristled when an attorney for the…
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
The Colorado Supreme Court declined to say on Monday whether a man’s conviction for an attempted child prostitution offense violated his rights under the state constitution, and only concluded that the absence of an obvious error meant his conviction should remain intact. An El Paso County jury convicted Javier Vega Dominguez of two attempted child…
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Colorado justices confirm water-related enterprises may condemn private property
The Colorado Supreme Court confirmed on Monday that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure water supply for residents. The enterprises…
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…