Tag: justice melissa hart
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Colorado justices wary of upending process for settling insurance claims of injured parties
Members of the Colorado Supreme Court seemed hesitant last month to find that insurance companies act unreasonably if they do not immediately pay an injured claimant the minimum amount the insurer’s internal analysis has calculated. Under state law, insurers cannot unreasonably delay or deny payment on a claim. The Supreme Court, in a 2018 decision, previously…
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‘Not gonna pro bono our way out of this problem’: Justice Melissa Hart speaks about solving access to justice
Justice Melissa Hart and some of Colorado’s leading pro bono advocates spoke last month about the initiatives currently in place to provide legal assistance to unrepresented litigants, and delivered the message that more volunteer hours simply will not aid everyone who requires help. “We are not gonna pro bono our way out of this problem.…
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Colorado justices skeptical of animal rights group’s attempt to free Cheyenne Mountain Zoo elephants
An animal rights group faced a critical reception from the Colorado Supreme Court on Thursday, with the justices doubting they could recognize the legal rights of five elephants in Colorado Springs without also opening the floodgates for widespread attempts to release numerous species from captivity. “Half the people in this room have dogs or cats…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
Members of the Colorado Supreme Court suggested on Wednesday that Denver police could have moved more rapidly to obtain a search warrant for a man’s vehicle, but at the same time they doubted the delay amounted to a constitutional violation. A trial judge previously barred prosecutors from using evidence of narcotics found in Arthur Mills’…
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‘Half-baked,’ ‘wild outlier’: Colorado justices mull jettisoning insurance documents appeal
After a trial judge took the rare step of admitting she used the wrong legal standard when ordering the disclosure of documents in an insurance dispute, the Colorado Supreme Court on Tuesday wondered whether it would be overstepping by issuing guidance in the appeal. “This feels half-baked to me,” said Justice Carlos A. Samour Jr.…
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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 justices’ latest decision prompts questions about rules of the road for appellate judges
Some appellate lawyers in Colorado are scratching their heads after a state Supreme Court ruling this week that avoided wading into the debate between LGBTQ protections and free speech rights, but nevertheless produced an equally heated dispute over process, fairness and the court’s adherence to its rules. On Tuesday, in a 4-3 opinion, the Supreme…
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Colorado Supreme Court dodges constitutional question, dismisses latest Masterpiece Cakeshop case on procedural grounds
The Colorado Supreme Court, by 4-3, declined on Tuesday to address the high-profile issue of a Christian baker’s refusal to make a cake for a customer celebrating a gender transition, instead concluding the case was not properly filed in the first place. Previously, a trial judge and the state’s Court of Appeals found Masterpiece Cakeshop, owned…
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Colorado justices, by 5-2, reverse sanction on prosecution in Ouray rape case
The Colorado Supreme Court ruled on Monday, by 5-2, that a Ouray County judge wrongly prohibited the prosecution from using late-disclosed evidence in a hearing to determine whether probable cause existed to bring the defendant to trial. The court’s majority believed the judge’s failure to explain the basis for the sanction doomed his order. However,…