Tag: justice carlos samour
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Colorado justices acknowledge judge’s misunderstanding of law in eminent domain case
Members of the Colorado Supreme Court appeared to agree on Tuesday that a Douglas County judge incorrectly believed he lacked the authority to allow a property owner to pursue evidence challenging a government entity’s legal right to take the property through eminent domain. But during oral arguments, multiple justices bristled when an attorney for the…
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Colorado Supreme Court rebuffs DA’s office over evidentiary appeal
The Colorado Supreme Court rebuffed a district attorney’s office on Monday for immediately pursuing an appeal of a trial judge’s evidentiary decision that the court had no authority to hear. State law authorizes prosecutors to file a mid-case, or “interlocutory,” appeal to the Supreme Court when a judge suppresses key evidence from being used in…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Colorado Supreme Court concerned about police overreach in interrogations
Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
In 2006, the Colorado Supreme Court ruled that leaving the scene of an accident resulting in serious injury is a “strict liability” offense, meaning a person is guilty solely through their conduct, without the need for prosecutors to prove the defendant’s mental state. Now, 20 years later, one defendant is asking the Supreme Court to…
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Colorado Supreme Court weighs transgender services case involving Children’s Hospital and federal threats
Some members of the Colorado Supreme Court expressed discomfort on April 14 with having to decide whether to order Children’s Hospital Colorado to resume providing certain services to transgender children, which could trigger a “death sentence” if the federal government imposes consequences. “I’m assuming there’s no middle ground here with the federal administration, in terms…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
The Colorado Supreme Court concluded on Monday that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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Colorado justices side with news organizations for disclosure of high-level child abuse data
The Colorado Supreme Court ruled on Monday that the state must disclose the number of child abuse reports at individual group living facilities in response to an open records request, as the addresses are already in the public domain. The justices agreed that the Court of Appeals erred in resolving the case. But beyond that,…