Tag: justice monica marquez
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Judicial fees, furniture under scrutiny as Colorado lawmakers consider budget request
Members of the legislature’s Joint Budget Committee expressed concerns last week about aspects of the judiciary’s requested $845 million budget for courts and probation, while also hearing about the Judicial Department’s relatively restrained spending over time. “If you adjust for inflation, spending has actually gone down” for the trial courts, said staff analyst Amanda Bickel.…
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Colorado Supreme Court to examine whether corporations can be liable for ‘felonious killing’
The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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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…
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Colorado justices consider where to draw line on experts testifying about child witnesses’ honesty
Members of the Colorado Supreme Court considered last week how far an expert witness can go in suggesting to a jury that another witness is being truthful, which is generally forbidden. Previously, the state’s Court of Appeals believed a defendant who “persistently” argues an adult influenced a child victim to lie has opened the door…
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Chief justice warns about threats to judiciary, state Supreme Court visits high school | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Colorado’s chief justice warned that certain rhetoric is undermining the judiciary and judges’ safety, and the state Supreme Court visited a Denver high school to hold oral arguments. ‘Literally dangerous’ • Chief Justice Monica M. Márquez spoke at the Colorado Judicial…
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Colorado justices field questions about values, disagreement at East High School
Members of the Colorado Supreme Court fielded probing — and in some instances, tough — questions from East High School students on Thursday, including how the court balances existing law with “evolving social values.” “Often what we’re looking at is what the General Assembly has given to us in the form of a statute,” said…
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Colorado justices consider whether Denver police failed to respect suspect’s right to counsel
Members of the Colorado Supreme Court considered on Thursday whether Denver detectives improperly restarted their interrogation of a murder suspect who had clearly invoked his constitutional right to an attorney. The district attorney’s office characterized the circumstances as “peculiar.” When police initially brought in Dakotah Lulei for questioning, he was not under arrest. After receiving…