Tag: due process
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Federal judge dismisses malicious prosecution suit against Colorado Springs officers
A federal judge has dismissed a woman’s lawsuit against two Colorado Springs police officers who arrested her instead of looking into her report that she was the victim of domestic violence. U.S. District Court Judge Charlotte N. Sweeney found it problematic if the officers did not follow up on Rebecca Varney’s claim of being assaulted…
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After rejection by Colorado Supreme Court, federal judge also tosses oil, gas owners’ taxation challenge
A federal judge last month dismissed a lawsuit from a collection of mineral rights owners in Montezuma County, following the Colorado Supreme Court’s conclusion last year that they lacked standing to challenge roughly $500,000 in taxes owed. The long-running dispute centers on the McElmo Dome Unit in southwestern Colorado. Operator Kinder Morgan extracts the carbon…
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Appeals court orders resentencing of Denver defendant convicted of elderly man’s death
Colorado’s second-highest court on Thursday determined a woman convicted of killing an elderly man in Denver must be resentenced for a less-serious offense to avoid a violation of her constitutional rights. Stephanie Martinez did not dispute that she was responsible for the death of George Black, 80, who she attacked in May 2020 at the state Capitol.…
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El Paso County domestic violence conviction reversed because of biased juror
Colorado’s second-highest court has ordered a new trial for a man convicted of domestic violence-related offenses after acknowledging an unusual scenario in which the trial judge, prosecutor and defense attorney confused one juror for another, and neglected to dismiss the juror they all agreed was biased. An El Paso County jury convicted Cory James Wooldridge in…
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Release hearing ordered for Aurora detainee held for 2 years in ICE custody
A federal judge earlier this month ordered a hearing to determine if a detainee in Aurora who has spent the last two years in immigration custody should be released during the remainder of her removal proceedings. More than two decades ago, the U.S. Supreme Court recognized a noncitizen’s detention could be constitutionally unreasonable beyond six months.…
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El Paso County man’s concerns of bias did not entitle him to forgo jury trial, appeals court rules
Colorado’s second-highest court ruled earlier this month that a defendant in El Paso County did not have the right to unilaterally choose a trial by judge, rather than trial by jury, amid concerns that jurors would not treat him fairly. Jonathan Yamar Best is serving 20 years to life in prison after a jury convicted…
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Colorado Supreme Court tells Delta County judge to revisit alternate suspect order in light of recent decision
The Colorado Supreme Court directed a Delta County judge on Thursday to revisit his order requiring a defendant accused of murder to disclose evidence to the prosecution about an alleged alternate suspect. In a brief Feb. 29 order, the justices told District Court Judge Steven L. Schultz to follow the guidance the Supreme Court issued…
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Federal judge finds no bias in CU-Denver student’s expulsion
A federal judge last week sided with the University of Colorado Denver, concluding a student failed to provide evidence his expulsion was the product of bias that infringed on his constitutional right to due process. Chadwick Jordan, representing himself, alleged CU-Denver denied him an impartial decision-maker in various disciplinary proceedings. Specifically, he believed David Steward,…
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Federal judge dismisses challenge to ‘frustrating’ delays in sex offender treatment behind bars
A federal judge recently dismissed an incarcerated man’s challenge to his lack of sex offender treatment in the Colorado Department of Corrections, despite having no idea when he will have access to that mandatory component of his criminal sentence. U.S. District Court Senior Judge William J. Martínez determined David A. Wismer III did not sufficiently allege…