Author: Michael Karlik
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10th Circuit to hold all-judges hearing, judicial committee turns down ‘civility code’ | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The Denver-based federal appeals court agreed to hold a rare all-judges hearing in a criminal case, plus a state Supreme Court committee overwhelmingly rejected a proposal for an enforceable “civility code.” Heard on appeal • The Colorado Supreme Court seemed reluctant…
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10th Circuit to address resentencing of probation violators in rare all-judges hearing
The Denver-based federal appeals court agreed on Thursday to hold a rare all-judges hearing to determine the proper procedure for resentencing a criminal defendant who has violated the terms of his probation. In the federal appellate courts, the vast majority of cases are decided in three-judge panels. Occasionally, the courts will vote to have all…
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Appeals court overturns Adams County sex offense convictions due to prosecutor’s misconduct
Colorado’s second-highest court reversed multiple child sex assault convictions on Thursday after concluding an Adams County prosecutor committed misconduct while cross-examining the defendant. A three-judge Court of Appeals panel observed the charges against Daniel Michael Boerner depended on the jury either believing the child witnesses’ original accusations or believing their trial testimony, which cast doubt…
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Elizabeth School District dismisses challenge to book-ban injunction on eve of appellate arguments
An Elbert County school district has dismissed its challenge to a judge’s injunction ordering it to return banned books to library shelves, days before the Denver-based federal appeals court was set to hear oral arguments this week. Although a three-judge panel of the U.S. Court of Appeals for the 10th Circuit formally dismissed the case…
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Colorado Supreme Court to hear cases on insurance coverage for COVID, witness credibility
The Colorado Supreme Court announced on Tuesday that it will decide the degree to which a virus or other hazard must affect a commercial property before it can trigger loss-or-damage coverage under an insurance policy. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one…
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Appeals judge asks Colorado Supreme Court to once again clarify magistrate rules
A member of Colorado’s second-highest court urged the state Supreme Court last week to revise confusing language in the rules governing magistrates, less than two weeks after an attempted cleanup of the rules took effect. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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Colorado justices weigh overlap between child prostitution offenses
Members of the Colorado Supreme Court last week appeared willing to uphold a man’s conviction for an attempted child prostitution offense, which the state’s second-highest court previously found to be a violation of his right to equal protection under the law. An El Paso County jury convicted Javier Vega Dominguez of two attempted child prostitution…
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State Supreme Court holds oral arguments, 10th Circuit revives dormant initiative | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court heard oral arguments last week in multiple civil and criminal cases, plus the Denver-based federal appeals court is doing something unusual for its own round of arguments this week. At the Supreme Court • In a rare…
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10th Circuit oral arguments to feature trial judges for first time in 12 years
When the Denver-based federal appeals court convenes next week to hear oral arguments, six new faces will be staring down from the bench. No, the U.S. Court of Appeals for the 10th Circuit has not added six new members. It still consists of 12 presidentially nominated, U.S. Senate-confirmed judges and a handful of semi-retired senior…