Tag: judge karl schock
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Public figures have limited path to sue over accusations of criminality, says appeals court
Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Appeals court orders new child abuse trial due to improper evidence of prior mistreatment
Colorado’s second-highest court overturned a Montezuma County defendant’s child abuse conviction last month, concluding evidence of prior mistreatment was too dissimilar to the alleged conduct that formed the basis of the criminal charges. Garland Kay Malcolm received a 32-year prison sentence after jurors convicted her in 2023 for the severe injuries to a 6-year-old boy…
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Appeals court clarifies evidence safeguards apply to child welfare caseworkers
Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
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Appeals court expresses ‘some concerns’ with Mesa County judge’s cookie analogy
Colorado second-highest court expressed “some concerns” last week about a Mesa County judge’s comparison of a defendant’s constitutional right to silence to a hypothetical child who has obviously eaten cookies but refuses to admit it. However, a three-judge Court of Appeals panel agreed the illustration did not undermine the fairness of the trial because then-District…
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Appeals court says requirement that parents be ‘present’ during child interrogations does not mean ‘attentive’
Colorado’s second-highest court ruled on Thursday that the requirement for parents to be present when police interrogate their child in custody means only that the parent must be “physically present,” not “mentally present” as well. Under the landmark U.S. Supreme Court case Miranda v. Arizona, law enforcement is required to inform a suspect of their rights…
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Appeals court clarifies no relief available for delay in providing judicial records
Colorado’s second-highest court clarified on Thursday that relief is only available when the judiciary denies access to certain public records, with no consequence if the records are simply delayed. Although the Colorado Open Records Act is the state’s primary disclosure law, administrative records from the judicial branch are disclosed pursuant to a policy known as…
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Appeals court green-lights ex-Dominion executive’s defamation claim against Rudy Giuliani
Colorado’s second-highest court agreed on Thursday that a former executive of Denver-based Dominion Voting Systems may proceed with a defamation claim against Rudy Giuliani for his unproven accusations of election rigging in the 2020 presidential race. The decision by a three-judge panel of the Court of Appeals mirrored a more comprehensive opinion issued in April,…
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Appeals court clarifies significance of pinpointing drug exposure for child neglect cases
Colorado’s second-highest court on Thursday clarified it does matter whether a child experienced drug exposure in her parents’ custody, rejecting a Montrose County judge’s conclusion that the location was irrelevant to determining whether the infant was neglected. A child is neglected under Colorado law if, among other things, their “environment is injurious” to their welfare.…
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Divided appeals court upholds $111,600 restitution order in Denver murder case
Colorado’s second-highest court last week upheld a Denver judge’s crime victim restitution order as valid, but with continued disagreement over how to apply the Supreme Court’s recent guidance about the state’s restitution law. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must provide the requested amount by the time…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…