Tag: justice monica marquez
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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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Colorado Supreme Court to hear appeal claiming race-based prosecution
The Colorado Supreme Court announced on Monday it will review whether a juvenile defendant who was tried and convicted of murder as an adult was entitled to have the case dismissed because the government allegedly engaged in selective, race-based prosecution. At least three of the court’s seven members must agree to take up a case…
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3 Colorado justices shrug off Trump decision, scandal fallout to cruise to retention
Three Colorado Supreme Court justices easily won their retention elections on Tuesday, brushing off a recent controversial decision to disqualify the Republican presidential candidate and disapproval of how the court handled a contracting scandal. Chief Justice Monica M. Márquez, Justice Brian D. Boatright and Justice Maria E. Berkenkotter were poised to secure new 10-year terms,…
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Colorado Supreme Court weighs meaning of ‘personal identifying information’
Members of the Colorado Supreme Court pondered on Thursday whether “personal identifying information” under the state’s identity theft law only encompasses humans, or if businesses can have personal identifying information, too. The government argued legislators enacted the identity theft law in 2006 to deter fraudulent conduct, and the meaning of personal identifying information should be…
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‘I’m gonna call that out’: Colorado justices speak about problematic lawyering, role of international law
Members of the Colorado Supreme Court fielded detailed questions from an audience of law students on Thursday, with one justice asked to explain why he reprimanded an attorney for using “strident” language during oral argument. “I’m gonna call that out when I see it. I think sometimes judges are afraid to call that out and…
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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 tiptoes around prior edict forbidding prison plus probation
Five years ago, the Colorado Supreme Court interpreted state law to prohibit judges from imposing a sentence of prison plus probation in a single criminal case. But on Wednesday, the justices appeared to endorse the idea that judges could resentence affected defendants in a fashion that preserves the same — illegal — punishment. In its 2019 decision…
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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 Supreme Court wades into disputes over confidential info
The Colorado Supreme Court announced this week that it may intervene in two ongoing civil lawsuits implicating the disclosure of information the parties argue is shielded. At least four of the court’s seven members must agree to take up an appeal directly from the trial courts, in contrast to three votes needed to review a…
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Chief justice, Hispanic attorneys speak about Latino influence in legal profession
Colorado’s first Latina chief justice and other prominent Hispanic attorneys gathered in the Colorado Supreme Court’s courtroom on Thursday for a discussion about heritage, mentorship and lagging representation in the legal profession. “Have you ever felt pressure to conform,” asked Chief Justice Monica M. Márquez, “or, to be super blunt, to ‘tone down the brown?’” “I think…