Tag: constitution
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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.…
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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Federal judge rejects DPS’ attempt to obtain 9News sourcing documents in First Amendment case
A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation. At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a…
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Federal judge declines to order Denver to let police critic apply for review board
A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…
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Federal judge dismisses claim against Colorado health department leaders over gas stove law
A federal judge last week dismissed the constitutional claim against leaders of the Colorado Department of Public Health and Environment over a 2025 law requiring health disclosures on new gas-fueled stoves. In June, Gov. Jared Polis signed House Bill 1161 into law, which requires retailers of gas stoves to affix a “yellow adhesive label” that…
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‘Utterly no precedent’: Federal judge expresses concerns about Jeffco’s early appeal in jail death case
A federal judge shared his concerns on Monday about Jefferson County’s appeal of a routine procedural order in a constitutional rights case, which the plaintiffs argued could spawn appeal-related delays in countless lawsuits against the government. During a hearing, U.S. District Court Judge S. Kato Crews noted he could find no decisions backing up the…
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Federal judge blocks Colorado law requiring social media platforms to provide warnings to children
A federal judge on Thursday blocked Colorado from implementing a requirement that social media companies notify users younger than 18 of the effects to their mental and physical health from using the platforms. Lawmakers enacted House Bill 1136 by wide margins in 2024, with a goal of providing “research-based education and interventions” about minors’ use…
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Colorado justices consider whether Denver police failed to respect suspect’s right to counsel
Members of the Colorado Supreme Court considered on Thursday whether Denver detectives improperly restarted their interrogation of a murder suspect who had clearly invoked his constitutional right to an attorney. The district attorney’s office characterized the circumstances as “peculiar.” When police initially brought in Dakotah Lulei for questioning, he was not under arrest. After receiving…
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10th Circuit rejects assortment of legal theories challenging workplace vaccine mandates
The Denver-based federal appeals court rejected an array of legal theories on Tuesday that challenged employers’ ability to impose COVID-19 vaccination requirements under the U.S. Constitution, laws governing emergency drug authorizations and the rules for human experimentation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit followed in the footsteps of…