Tag: Judge Grant Sullivan
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Colorado Supreme Court to evaluate test for alimony after remarriage
The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Appeals court overturns convictions after Douglas County judge let biased juror serve
Colorado’s second-highest court reversed a defendant’s robbery-related convictions and 18-year prison sentence on Thursday because a Douglas County judge allowed a biased juror to serve. During Ahmarion Kaliel Shead’s trial in January 2023, one juror, identified as “J.H.,” indicated on his questionnaire that he was “pro-law enforcement.” J.H. also disclosed that a relative worked for…
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Divided appeals court overturns defendant’s $350,000 restitution obligation
Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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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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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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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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El Paso County prosecutor’s pattern of violations prompts appeals court to uphold dismissal of charges
Colorado’s second-highest court last week agreed an El Paso County judge was justified in dismissing some of the charges from a criminal case in response to a prosecutor’s repeated failure to timely disclose evidence. The Fourth Judicial District Attorney’s Office argued that District Court Judge Samuel Evig had not found prosecutor Jessica Kiel committed a…
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Appeals court clarifies prohibition on lawyers doubling as witnesses covers more than jury trials
Colorado’s second-highest court clarified on Thursday that the rule generally prohibiting lawyers from also serving as witnesses at trial does not apply only to jury trials. Under Colorado’s rules of professional conduct, an attorney cannot litigate a case when the lawyer is likely to be a necessary witness “at trial.” There are limited exceptions, including…
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Motor vehicle repair law splits appeals court 3 ways, with call for legislature to step in
Colorado’s second-highest court was unusually divided on Thursday over the state’s consumer protection law for vehicle owners, with three judges issuing three separate opinions about what the terms of the law require. The Motor Vehicle Repair Act places obligations on repair facilities to provide certain disclosures and estimates to customers before beginning work. If a…
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…