Tag: justice maria berkenkotter
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Colorado justices weigh overlap between child prostitution offenses
Members of the Colorado Supreme Court last week appeared willing to uphold a man’s conviction for an attempted child prostitution offense, which the state’s second-highest court previously found to be a violation of his right to equal protection under the law. An El Paso County jury convicted Javier Vega Dominguez of two attempted child prostitution…
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Colorado Supreme Court struggles with rubric for significant reductions in parenting time
The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
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‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
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Colorado Supreme Court ponders insurers’ ability to defend against policyholders
The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
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Justices debate what to do when governments withhold key info from plaintiffs
Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument 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 dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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Colorado justices, appeals judges speak of need to keep heads down amid political attacks
Two members of the Colorado Supreme Court and three Court of Appeals judges discussed their obligation on Tuesday to refrain from pushing back overtly on political attacks or misrepresentations of their work. Chief Justice Monica M. Márquez also disclosed certain strategies the judicial branch is employing to counter tangible threats to judges’ security. “My concern is…
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Colorado justices ponder whether rental car companies are also ‘insurers’
The Colorado Supreme Court considered last week whether car rental companies that offer insurance policies can also be deemed “insurers” who may be sued for their failure to pay out benefits on claims. Hertz Corp. argued it was not an insurance company based on a sequence of events in the 1990s. The Supreme Court ruled…