Author: Michael Karlik michael.karlik@coloradopolitics.com
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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, 4-2, say defendant cannot be retried after judge rejected jury’s partial acquittal
If a jury clearly indicates that it has acquitted a defendant of certain charges while remaining deadlocked on others, judges must accept that partial acquittal verdict, a divided Colorado Supreme Court ruled on Monday. Justice William W. Hood III, in the June 8 majority opinion, acknowledged that judges ordinarily may not ask a deadlocked jury…
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Judge approves injunction for Colorado Springs counselor after SCOTUS rules in conversion therapy case
A federal judge last week blocked Colorado from enforcing its restriction on conversion therapy for LGBTQ children against a Colorado Springs counselor, after both sides agreed that the state will not pursue professional disciplinary action while the case proceeds. The formalization of a preliminary injunction came days after one appellate judge argued that the Denver-based…
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Colorado Supreme Court to decide whether out-of-state defendant may be prosecuted for in-state crime
The Colorado Supreme Court recently announced that it will decide whether Douglas County prosecutors had grounds to pursue criminal charges against a woman in New York whose conduct occurred outside of Colorado. Erin Brennan and her children lived in New York, and her ex-husband moved to Colorado after their divorce. In 2022, she proposed a…
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Colorado Supreme Court to evaluate test for alimony after remarriage
The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Federal judge green-lights jury visit to Aurora detention center in forced-labor lawsuit
A federal judge granted a request on Thursday to have jurors visit the privately run U.S. Immigration and Customs Enforcement detention center in Aurora as part of an upcoming civil trial over alleged forced labor practices. U.S. District Court Senior Judge John L. Kane said he wanted the “best possible trial,” and initially postponed his…
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Children’s Colorado must resume care to transgender plaintiffs, state Supreme Court rules by 5-2
The Colorado Supreme Court, by a 5-2 vote, ordered Children’s Hospital Colorado on Monday to resume providing certain medical services to a group of transgender plaintiffs, which it had ceased in the face of funding threats from the federal government last year. The unusual appeal before the Supreme Court stemmed from a trial judge’s rejection…
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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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ICE ‘materially violated’ order on warrantless arrests, Colorado judge says
A federal judge ordered U.S. Immigration and Customs Enforcement on Tuesday to immediately train its Colorado employees about how to lawfully perform warrantless arrests, after the evidence showed officers had little understanding of the requirements. U.S. District Court Senior Judge R. Brooke Jackson wrote that ICE had “materially violated” his prior order that directed immigration…
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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…