Author: Michael Karlik
-
10th Circuit judges recap do’s and don’ts for lawyers
Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
-
Divided appeals court overturns defendant’s $350,000 restitution obligation
Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
-
2025 Unfiltered: Colorado Supreme Court vacancy, surge in federal filings and more
This year was awash in legal news nationally, with federal courts taking an outsize role in responding to executive branch actions. In Colorado, that effect was evident, but it was not the only factor at play. Here are the top developments in 2025 from the state and federal judiciaries. Unexpected vacancy There was an unusual,…
-
$3 million penalty upheld against for-profit college following half-decade of appeals
Colorado’s second-highest court upheld a $3 million penalty against a defunct for-profit college on Wednesday, agreeing the state had proven multiple violations of its consumer protection law. The Court of Appeals’ decision against CollegeAmerica followed a trial judge’s order in 2020, an appellate decision in 2021, a state Supreme Court opinion in 2023 and a…
-
Appeals court decides violations of child custody orders may be prosecuted per child
Colorado’s second-highest court concluded for the first time on Wednesday that a defendant may be charged with violating a child custody order based on the number of children affected, not the number of orders violated. Mesa County jurors convicted Tiffany Jean Wilson on four counts of violating a custody order. She drove off with her…
-
Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
-
‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
-
Federal judge finds immigration judge denied bond using faulty reasoning, dubious evidence
A federal judge concluded last week that an immigration judge employed the incorrect procedure when denying bond to a detainee and relied on dubious evidence to find he was a flight risk. Under federal rules governing immigration cases, the filings and underlying details of Hugo Cervantes Arredondo’s case are restricted from public disclosure. However, on Oct.…
-
Colorado Supreme Court ponders insurers’ ability to defend against policyholders
The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
-
Court: Municipal sentences may not be greater for identical state crimes
The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be prosecuted in…