Tag: judge david yun
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Appeals court recognizes longer window to sue insurers for withholding policy details
Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
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Colorado Supreme Court to address child’s CCTV testimony
The Colorado Supreme Court announced on Monday that it will review the impact of a victim’s closed-circuit testimony on the prosecution of a juvenile defendant. At least three of the court’s seven members must agree to hear an appeal. There is currently one vacancy, which will be filled next month. The justices also signaled they…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Mesa County judge wrong to conclude hatchet not a ‘knife,’ says appeals court
Colorado’s second-highest court determined last week that a Mesa County judge incorrectly reduced a defendant’s menacing charge from a felony to a misdemeanor after finding his hatchet did not meet the definition of “knife.” A person commits menacing as a misdemeanor if they use threats or physical actions to place another person in fear of…
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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Appeals court rules harsher sentence after appeal does not mean judge was ‘vindictive’
Colorado’s second-highest court ruled last week that a Jefferson County judge subjected a man to a harsher sentence following a successful appeal because the parole eligibility date was pushed back by multiple years, but that fact alone did not mean the judge acted “vindictively.” In 2015, the state Supreme Court noted that when a criminal…
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‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
Members of Colorado’s Supreme Court and Court of Appeals spoke to law students on Friday about when and how they compromise in their decision-making — and when they feel compelled to register disagreement. “We have different considerations than the Supreme Court,” said Judge Sueanna P. Johnson of the 22-member appeals court. “They are doing less than…
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Appeals court finds El Paso County magistrate erred in 2 cases
Colorado’s second-highest court last month concluded a former El Paso County magistrate did not follow the law or the rules governing magistrates when adjudicating two complex family disputes. The first case revolved around the guardianship of Martin Acosta, a developmentally disabled man in his mid-50s. His mother had been his legal guardian since 1997, but…
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Appeals court dismisses state contractor’s defamation suit against Denver7
Colorado’s second-highest court agreed earlier this month that a former vaccine distribution contractor for the state failed to show Denver7 should be liable for defamation through its series of stories about the company’s problems. Between 2021 and 2022, Denver7 published four articles describing employees of Jogan Health, LLC not receiving payments, false statements in Jogan…
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Appeals court overturns order denying ex-CU coach unemployment benefits for inappropriate comments
Colorado’s second-highest court determined on Thursday that a state agency wrongly concluded a former University of Colorado skiing coach was disqualified from receiving unemployment benefits because of inappropriate comments he made to female students three months before his termination. Andy LeRoy was briefly CU’s head ski coach from 2021-2023 following his career as an Olympian and University of Denver…