Tag: judge lino lipinsky
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An obligation to use AI? Federal judge addresses lawyers on responsible technology use
U.S. Magistrate Judge Maritza Dominguez Braswell addressed a group of Colorado attorneys on Friday with the message that they should be practicing and understanding how to use artificial intelligence because it is encroaching on more and more aspects of society. “There was a time when you had to be rich to have a cell phone,”…
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Colorado Supreme Court to hear 2 Denver criminal appeals
The justices may also intervene in an ongoing criminal case to determine if the defendant is entitled to a fifth competency evaluation
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Appeals court rejects allegations of racial discrimination in jury selection in 2 cases
Colorado’s second-highest court ruled last month that prosecutors in two cases did not engage in intentional racial discrimination when they dismissed two women of color from the jury pool. Under longstanding U.S. Supreme Court precedent, purposeful race-based discrimination in jury selection is unconstitutional. Normally, parties may exercise “peremptory strikes” of jurors without citing a reason.…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
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Fake evidence, new expectations and morality: Judges talk about AI in the law
Judge Lino S. Lipinsky de Orlov shared with an audience of lawyers on Wednesday a story from last year’s judicial conference about one trial judge who suspected an attorney representing a domestic violence victim submitted a fake photo to the court of their badly beaten client. “The judge asked: Was this AI generated? And the…
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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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Colorado justices to hear cases on grandparent visitation, lawyers’ neglect in appealing on time
The Colorado Supreme Court announced on Monday that it will decide whether two grandparents are entitled to seek visitation of their grandchildren following their adoption by the other set of grandparents, and also how strictly to hold lawyers to the deadline for filing appeals. At least three of the court’s seven members must agree to…
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Appeals court warns lawyers, litigants: You will get in trouble for citing AI-invented cases
Colorado’s second-highest court put attorneys and litigants on notice for the first time on Thursday that they will face consequences if they use artificial intelligence to submit filings with fake citations. A three-judge panel for the Court of Appeals declined to sanction a self-represented plaintiff after he acknowledged and apologized for his mistake. At the…