Author: Michael Karlik
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Federal judge says ICE cannot impose monitoring conditions beyond immigration judge’s order
A federal judge told U.S. Immigration and Customs Enforcement on Thursday that it cannot impose additional restrictions or monitoring conditions beyond those ordered by an immigration judge when releasing a person on bond. In November, U.S. District Court Judge Gordon P. Gallagher found that the government violated the rights of Khristyne Batz Barreno by keeping…
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10th Circuit rebuffs Jeffco’s attempt to expand immunity footprint
The Denver-based federal appeals court confirmed on Wednesday that it would not treat a judge’s decision to move a civil case forward as the automatic equivalent of denying immunity to governmental officials. The order from the U.S. Court of Appeals for the 10th Circuit came one month after a trial judge deemed Jefferson County’s appeal…
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Colorado Supreme Court to hear cases on witness retaliation, slip-and-fall
The Colorado Supreme Court announced on Monday that it will decide whether defendants can be convicted of retaliating against a victim or witness when that person has not yet testified and is not scheduled to testify. At least three of the court’s seven members must agree to hear a case on appeal. There is currently…
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Colorado Supreme Court struggles with rubric for significant reductions in parenting time
The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
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Colorado justices wary of expanding rezoning by ballot initiative
The Colorado Supreme Court appeared wary on Wednesday of allowing rezonings of planned-unit developments to occur through a vote at the ballot box, rather than a municipality’s detailed review process that accounts for specific factors. In contrast to traditional, or “Euclidean,” zoning that separates land uses by type, planned-unit developments are based on negotiated agreements on…
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Colorado justices wary of expanding rezoning by ballot initiative
The Colorado Supreme Court appeared wary on Wednesday of allowing rezonings of planned-unit developments to occur through a vote at the ballot box, rather than a municipality’s detailed review process that accounts for specific factors. In contrast to traditional, or “Euclidean,” zoning that separates land uses by type, planned-unit developments are based on negotiated agreements on…
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Judge warns against expansive use of post-9/11 rule in immigration detentions
A federal judge concluded on Monday that the government applied a 9/11-era regulation to a man in immigration detention in violation of his constitutional rights, in seemingly the first decision out of Colorado addressing the increased use of the “automatic stay” to block release on bond. In a Jan. 12 order, U.S. Magistrate Judge Susan…
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Arapahoe County law enforcement improperly obtained confidential medical records, justices find
Law enforcement in Arapahoe County improperly obtained a criminal defendant’s confidential medical records and cannot use them in her child abuse prosecution, the Colorado Supreme Court ruled on Monday. The justices also declined to say whether the body-worn camera footage of a police officer who was present during the defendant’s treatment was similarly protected by…
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Colorado justices rule Larimer County judge wrongly denied competency second opinion to defendant
The Colorado Supreme Court determined on Monday that a Larimer County judge had no choice but to permit a doctor to give their second opinion on a criminal defendant’s competency to proceed, even though he had received numerous such evaluations in the past. Justice Carlos A. Samour Jr., in the Jan. 12 decision, noted that…
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Colorado justices clarify procedure for defendants to access DNA analyst’s criminal file
The Colorado Supreme Court ruled on Monday that trial judges may order Jefferson County prosecutors to disclose information related to the criminal prosecution of a DNA analyst accused of misconduct, but defendants seeking those files cannot rely on the order alone to gain access. Yvonne “Missy” Woods is a former Colorado Bureau of Investigation DNA…