Author: Michael Karlik michael.karlik@coloradopolitics.com
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Divided appeals court finds no prosecutorial misconduct in prison assault case
Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Boulder County prosecutor improperly used defendant’s silence as guilt, appeals court finds
Colorado’s second-highest court reversed a Boulder County defendant’s sexual assault conviction last week after concluding that a trial judge should have intervened to stop the prosecutor from inappropriately using the man’s constitutional right to silence to suggest he was guilty. Prosecutors charged Charles G. Higdon III with two counts of sexual assault. Jurors acquitted him…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Colorado Supreme Court rebuffs DA’s office over evidentiary appeal
The Colorado Supreme Court rebuffed a district attorney’s office on Monday for immediately pursuing an appeal of a trial judge’s evidentiary decision that the court had no authority to hear. State law authorizes prosecutors to file a mid-case, or “interlocutory,” appeal to the Supreme Court when a judge suppresses key evidence from being used in…
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Colorado justices recognize limited right to evidence in postconviction challenges
The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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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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Judge’s students create AI apps, solicitors general gather for group discussion | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A federal judge’s law students created artificial intelligence-powered apps to address access-to-justice issues, plus half a dozen current and former solicitors general of Colorado spoke about the unique role. State Supreme Court news • The Colorado Supreme Court decided that lifetime…
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Denver law students create AI-powered tools in federal judge’s ‘design sprint’
A tenant discovered a handwritten note on his door stating he had 48 hours to move out. The landlord changed the locks without notice or court proceedings. The tenant paid rent on time and had never received any complaints about a lease violation. As a result of the landlord’s actions, he could not get inside…
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Federal judge declines to end Denver sheriff employee’s sex discrimination suit
A federal judge tentatively green-lit a former Denver Sheriff Department sergeant’s sex discrimination lawsuit for trial last month, based upon allegations that three female employees were promoted ahead of him despite his qualifications. U.S. District Court Judge Nina Y. Wang described the evidence of discrimination as “not robust,” but she determined plaintiff Joseph Bowen had…
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Corrections officials may be sued for employee’s alleged abuse of detainee, federal judge rules
High-level corrections officials may be sued for their own alleged failures to prevent or respond to an employee’s sexual misconduct toward a detainee, a federal judge decided last month. Rajae Bouhamidi was incarcerated at the Denver Women’s Correctional Facility. In late 2022, corrections officer Justin Torres allegedly began to sexually harass her. Eventually, he ordered…