Author: Michael Karlik
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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Colorado Supreme Court may address Denver juvenile prosecution, one man’s deluge of cases
The Colorado Supreme Court signaled last month that it may intervene in an ongoing criminal case against a defendant seeking to be tried as a juvenile, and potentially stop a man from continuing to sue the same group of people after a steady stream of judges has disposed of his claims. In the first case…
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Appeals court rejects allegations of racial discrimination in jury selection in 2 cases
Colorado’s second-highest court ruled last month that prosecutors in two cases did not engage in intentional racial discrimination when they dismissed two women of color from the jury pool. Under longstanding U.S. Supreme Court precedent, purposeful race-based discrimination in jury selection is unconstitutional. Normally, parties may exercise “peremptory strikes” of jurors without citing a reason.…
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Judge handling Denver schools’ challenge to ICE policy changes course, sets hearing
The federal judge overseeing Denver Public Schools’ challenge to the Trump administration’s new policy for immigration enforcement announced on Monday that he will hold a hearing on the district’s request for a restraining order — a seeming about-face from his position just one week ago. The DPS lawsuit against U.S. Secretary of Homeland Security Kristi Noem seeks…
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Colorado justices say judge had no grounds to order defendant to turn over info to prosecution
The Colorado Supreme Court agreed on Monday that a trial judge had no authority to order a defendant to give the prosecution a preview of what his expert witness would say at a hearing to challenge his murder convictions. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for…
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Colorado justices allow sentences of probation after prison, even though prison-plus-probation illegal
Even though the Colorado Supreme Court ruled five years ago that sentences of prison plus probation are illegal, the justices decided on Monday that judges were permitted to fix those sentences by imposing basically the same punishment. In its 2019 decision of Allman v. People, the Supreme Court ruled that state law treats probation as an…
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10th Circuit judge speaks to Congress, appeals judges travel to Lakewood high school | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A judge on the U.S. Court of Appeals for the 10th Circuit spoke to a congressional subcommittee about the federal judiciary’s need for more judges, plus three state appellate judges appeared at a “Courts in the Community” event in Lakewood.…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court overturns woman’s conviction, finds defect in template jury instructions
Colorado’s second-highest court overturned a criminal conviction from La Plata County on Thursday, concluding it was the “rare case” in which the template jury instructions incorrectly describe how jurors can find someone guilty of retaliating against a witness. The jury that convicted Erin Amber Trujillo was instructed it could find her guilty if she directed…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…