Author: Michael Karlik
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Federal judge orders immigration agents to follow law on warrantless arrests, imposes requirements on ICE
A federal judge on Tuesday ordered the government to follow the legal requirements for warrantless immigration arrests, finding a practice of agents in Colorado taking noncitizens into custody without evaluating the likelihood they are a flight risk. In a Nov. 25 order, U.S. District Court Senior Judge R. Brooke Jackson acknowledged federal employees are authorized…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Federal judge believes government would follow her orders on immigration detention ‘under normal circumstances’
A federal judge agreed on Thursday that she would allow a class of approximately 500 people in Colorado’s immigration detention to challenge the government’s refusal to set their bond, which she already found to be a likely violation of the law. At the same time, U.S. District Court Judge Regina M. Rodriguez said she was…
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Federal judge fines lawyer $3,000 for ‘reckless’ filings with incorrect info
Judge suspects use of generative artificial intelligence; attorney denies using AI A federal judge took the unusual step last week of fining an attorney $3,000 for submitting flawed case citations, being evasive when her opposing counsel raised concerns and relying on cases that did not support her argument. U.S. District Court Judge Nina Y. Wang…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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Appeals court reinstates felony charge, reverses Denver judge’s sanction on prosecution
Colorado’s second-highest court ordered a Denver judge on Thursday to reinstate a defendant’s felony charge, finding she improperly reduced the severity as a sanction for an officer’s deletion of his body-worn camera footage. Prosecutors charged Russell K. Barnes with vehicular eluding, after police attempted to stop a Toyota 4Runner registered to Barnes but discontinued their…
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Appeals court rules civil trial over Kendrick Castillo’s death not required if STEM School pays max damages
Colorado’s second-highest court determined on Thursday that a civil trial over the 2019 shooting death of Kendrick Castillo is not required after the defendant agreed to pay the maximum damages available to Castillo’s parents, without admitting liability. John and Maria Castillo, the parents of Kendrick, sued STEM School Highlands Ranch in 2021, two years after…
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Colorado justices approve changes to rules governing magistrates’ decisions
The Colorado Supreme Court recently approved a set of revisions to the rules governing magistrates, which judges have long recognized as confusing. Although the justices adopted the package in early September, they later changed how the rules take effect. Originally, the revisions would have been effective for new cases starting on Jan. 2, 2026. After…