Tag: justice monica marquez
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Colorado Supreme Court lifts curtain on decision-making at legal event
Members of the Colorado Supreme Court sat down with lawyers on Wednesday to answer questions about behind-the-scenes topics, including what happens immediately after an appeal is argued, why they might intervene in an ongoing case, and the consequence of a majority flipping from one side to the other. “This is what happens when the court…
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Colorado Supreme Court blocks ballot initiative defining ‘fees’
The Colorado Supreme Court blocked a proposed ballot initiative on Monday that would have required voter approval for new fees above a certain threshold, while also enshrining a definition of “fee” into the state constitution for the first time. Chief Justice Monica M. Márquez wrote in the March 9 opinion that a ballot measure could…
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Colorado Supreme Court clarifies restraining order violations can always support burglary charge
The Colorado Supreme Court’s majority ruled on Monday that a violation of a restraining order can also serve as a basis for finding a defendant guilty of burglary. Under state law, a person commits second-degree burglary by unlawfully entering or remaining in an occupied structure with the intent to commit “a crime against another person…
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Colorado’s chief justice exceeds average number of dissents with 4-plus months left in term
Since the start of the Colorado Supreme Court’s 2025-2026 term in September, Chief Justice Monica M. Márquez has now exceeded her average number of dissenting opinions, with more than four months remaining before the court breaks for the summer. The Supreme Court has issued 27 new opinions since Labor Day, which is roughly in line…
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Colorado justices skeptical of challenge to water enterprises’ eminent domain power
Members of the Colorado Supreme Court appeared receptive on Wednesday to the notion that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure…
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Colorado justices skeptical that intimate messages relevant to assault case
Members of the Colorado Supreme Court seemed to agree on Tuesday that a Douglas County judge acted reasonably by blocking evidence of a defendant’s BDSM-related conversations with the victim in his trial for assault and false imprisonment. Jurors found Donald Louis Gerle guilty in 2022. In the prosecution’s telling, Gerle began beating his alleged victim following…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado lawmakers hear about increased judicial discipline complaints, fallout from Missy Woods misconduct
Members of the Colorado legislature’s judiciary committees heard about a large increase in complaints against judges and additional forensic misconduct that has come to light, during three days of oversight hearings last week. Leaders of several judicial-related agencies appeared between Jan. 20-23 to address their priorities and field questions from legislators. On behalf of the…
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Divided Colorado Supreme Court curtails use of laced-substances defense
The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…