Tag: eighth amendment
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After hearing from Colorado’s justices, 10th Circuit rules defendant cannot challege parole eligibility — yet
The federal appeals court based in Denver ruled on Monday that a defendant who is serving a potential life sentence for crimes he committed as a 15 year old cannot pursue a constitutional challenge now to any future decision about his parole eligibility. The U.S. Court of Appeals for the 10th Circuit reached its decision…
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Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
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As Colorado Supreme Court weighs life without parole for felony murder, ex-lawmaker casts doubt on state’s argument
As the Colorado Supreme Court sits down on Monday to decide whether defendants convicted of felony murder prior to 2021 should receive new sentences less severe than life without the possibility of parole, a key legislative change will play a prominent role in the legal analysis. However, according to the lawmaker who led the effort…
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Appeals court: Defendant’s traumatic brain injury not a basis for finding life sentence unconstitutional
Despite the state legislature’s recognition that traumatic brain injuries lead to a greater risk of involvement with the criminal justice system, Colorado’s second-highest court on Thursday ruled such injuries do not make a defendant’s life sentence cruel and unusual. Stanley Paul Jurgevich, who is serving life in prison with the possibility of parole for his 1988…
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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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10th Circuit opens door wider for courts to dismiss prisoners’ civil rights lawsuits
The federal appeals court based in Denver made it easier on Tuesday for prison officials to defeat lawsuits from incarcerated plaintiffs by moving them to a different facility outside a circuit court’s jurisdiction before judges have a chance to rule. Michael Bacote Jr., a prisoner with an intellectual disability and history of mental illness, spent…
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Federal judge finds no constitutional violation in requiring illegal pot growers to forfeit house
Requiring an Aurora couple to forfeit their home to the government after using it to illegally grow marijuana does not violate the constitutional prohibition against excessive fines, a federal judge ruled last month. In 2019, the U.S. Department of Justice petitioned to take possession of a home in the 23000 block of East Wagontrail Avenue…
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10th Circuit underscores limited path federal prisoners face in suing government
The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…