Tag: justice elena kagan
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Colorado justice, law professor discuss uncharted territory for federal regulations in wake of SCOTUS precedent
Colorado attorneys heard on Tuesday that federal courts are in a “free-for-all” as they interpret recent U.S. Supreme Court precedent shifting power from executive agencies to judges to determine whether regulations are appropriate or not. “One of the dominant theories is that Congress delegates because it simply doesn’t have the time or the expertise to address…
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Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
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10th Circuit, prosecution, defense all agree federal judge wrongly calculated sentence
After the prosecution and defense were in unusual agreement that a trial judge misapplied the law when determining if a prior conviction amounted to a violent crime, the federal appeals court based in Denver agreed this month that the defendant’s sentence could not stand. Kenneth Devereaux pleaded guilty in 2022 to the federal offense of…