Tag: constitution
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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Supreme Court to hold oral arguments, discipline commission releases report | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is holding oral arguments this week, plus Colorado’s judicial discipline commission released its annual report. Colorado Supreme Court news • The Supreme Court will hear arguments in three cases on Tuesday: J.B. v. MKBS, LLC et al.:…
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Federal judge dismisses developer’s challenge to Denver affordable housing ordinances
A federal judge dismissed a homebuilder’s constitutional challenge on Tuesday to a pair of Denver ordinances that impose obligations on developers related to the affordable housing demands created by new construction. Two related companies, redT Homes and redT Capital Partners, sued the city last year over the fees they would incur to construct six homes…
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10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
The Denver-based federal appeals court distanced itself March 4 from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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Federal judge partially allows challenge to proceed against Colorado unclaimed property program
A federal judge allowed some claims to proceed last week against Colorado’s treasurer, based upon alleged constitutional violations flowing from the state’s process for reuniting people with their unclaimed property. Previously, U.S. District Court Judge Charlotte N. Sweeney dismissed the lawsuit by plaintiffs David Knellinger and Robert Storey, reasoning that they failed to sufficiently allege…
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Federal judge allows some claims to proceed over denial of cancer meds in El Paso County jail
A federal judge allowed claims to proceed last week against some medical and sheriff’s office employees at the El Paso County jail over their alleged failure to ensure a detainee received his cancer medication during four months of incarceration. Stuart Patrick McLaney was in the county jail between March-July 2023. He has chronic myeloid leukemia,…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…