Author: Michael Karlik
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Appeals court addresses defendant’s request to get property back 3 years after Supreme Court laid out process
Almost three years after the Colorado Supreme Court clarified how a convicted defendant may ask law enforcement to hand over his seized property, the state’s second-highest court found an El Paso County judge wrongly denied the man’s request to return certain items. Jurors convicted James Woo in 2018 for the murder of Julie Tureson in Colorado…
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Federal judge rejects conservative podcaster’s attempt to ‘blame his spam folder’ for missing deadline
A federal judge on Tuesday rejected the claims from a conservative podcaster about why he missed his deadline to respond, instead ordering Joe Oltmann once again to pay for the costs of litigating his own contempt proceedings. Earlier this summer, U.S. District Court Senior Judge William J. Martínez directed Oltmann to pay $37,000 for fleeing…
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Judge advances claim against guard for allegedly outing ‘snitch’
A federal judge last week agreed an incarcerated man could sue a prison guard for allegedly putting him in danger and retaliating against him by revealing to other inmates that the plaintiff filed a sexual harassment complaint. The plaintiff, who is incarcerated at the Arkansas Valley Correctional Facility, raised allegations against three prison employees that…
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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Federal judge to challengers of Colorado’s aid-in-dying law: Is key plaintiff’s death problematic to case?
A federal judge on Friday asked those challenging a provision of Colorado’s aid-in-dying law to reconsider whether they want to continue litigating, after a key plaintiff died earlier this month. This year, three people alleged Colorado’s assisted suicide law, which voters enacted in 2016, violated multiple constitutional provisions with its requirement that beneficiaries be residents…
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Colorado justices weigh ‘cascade of errors’ in Arapahoe County murder trial
There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017. At the trial of Davis’ suspected killer, jurors reached two conclusions. First, they believed he was guilty of second-degree murder for causing Davis’ death. Second, they were asked whether the defendant used a gun. No, said the jury, he…
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Federal judge narrows industry challenge to Denver natural gas restrictions
A federal judge on Tuesday narrowed the challenge to Denver’s recent restrictions on certain natural gas appliances from a collection of industry groups, noting some of the complained-about regulations were not in effect. Last summer, trade associations representing homebuilders, restaurants, apartment buildings, hotels, manufacturers and fuel suppliers sued the city. They took aim at a…
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Federal judge narrows industry challenge to Denver natural gas restrictions
A federal judge on Tuesday narrowed the challenge to Denver’s recent restrictions on certain natural gas appliances from a collection of industry groups, noting some of the complained-about regulations were not in effect. Last summer, trade associations representing homebuilders, restaurants, apartment buildings, hotels, manufacturers and fuel suppliers sued the city. They took aim at a…
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Federal judge finds Vail Health did not engage in monopolistic practices
A federal judge concluded last week that Vail Health did not engage in unlawful anticompetitive practices involving a monopoly on the physical therapy market in the Vail Valley. Sports Rehab Consulting LLC and its founder, Lindsay Winninger, alleged the health system employed tactics to monopolize or attempt to monopolize the provision of physical therapy in…
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Colorado Supreme Court to address validity of plaintiff’s waiver for snowboarding injuries
The Colorado Supreme Court announced on Monday that it will decide whether a man injured while snowboarding may proceed with his lawsuit, despite a series of waivers — including one he signed years after his accident — releasing the resort from liability. At least three of the court’s seven members must agree to hear a…