Tag: judge timothy schutz
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Colorado Supreme Court walks back decision allowing local governments to broadly permit violations of state noise limits
The Colorado Supreme Court concluded on Monday that the state’s noise pollution law does not allow local governments to categorically permit any entity to host events on private property that exceed the statewide decibel limits. The question had divided the state’s Court of Appeals, with one appellate panel deciding localities do have broad permitting power…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Appeals judge slams Denver prosecutor for ‘Dexter’ references at trial
One member of Colorado’s second-highest court criticized a Denver prosecutor on Thursday for repeatedly comparing a defendant’s actions to the television show “Dexter” during a jury trial. A three-judge panel for the Court of Appeals declined to order a new murder trial for defendant Joseph Alden Corey. The majority conceded the prosecutor’s references to a…
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Mesa County judge wrongly ordered murder defendant to pay $3,600 for DNA testing, says appeals court
A Mesa County judge improperly ordered a defendant to pay nearly $3,600 for DNA testing in his homicide prosecution without a legal basis for doing so, Colorado’s second-highest court ruled last month. Richard Alan VanderVelde pleaded guilty in 2023 to second-degree murder and related offenses after killing his mother, Sylvia Frens, in 2018. Although VanderVelde was…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Colorado Supreme Court to decide whether to retreat on landmark restitution ruling
The Colorado Supreme Court will incorporate an unorthodox twist into its oral argument calendar this week, hearing five cases that all revolve around the same subject: Was the court serious when it said three years ago that judges who do not follow the law lose their authority to order criminal defendants to pay restitution? In…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…
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Colorado Supreme Court to hear murder, noise pollution, fentanyl cases
The Colorado Supreme Court announced on Monday it will decide whether a man can be tried a second time for murder after jurors rendered a verdict that made no sense if they had followed their instructions. At least three of the seven justices must agree to hear a case on appeal. The court also elected…
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Colorado Supreme Court accepts cases on DNA exoneration, medical negligence, online reviews
The Colorado Supreme Court announced this month it will hear appeals in four cases, including one that questions the level of detail a convicted defendant must provide when asserting the existence of DNA evidence that could exonerate him. At least three of the court’s seven members must agree to take up an appeal. The justices…