Tag: justice richard gabriel
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Colorado Springs may be sued for faulty intersection, state Supreme Court rules
The Colorado Supreme Court decided last month that Colorado Springs can be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. The question for the Supreme Court was whether the traffic arrangement provided “conflicting” signals to plaintiff Bernard…
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Colorado justices acknowledge judge’s misunderstanding of law in eminent domain case
Members of the Colorado Supreme Court appeared to agree on Tuesday that a Douglas County judge incorrectly believed he lacked the authority to allow a property owner to pursue evidence challenging a government entity’s legal right to take the property through eminent domain. But during oral arguments, multiple justices bristled when an attorney for the…
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
The Colorado Supreme Court declined to say on Monday whether a man’s conviction for an attempted child prostitution offense violated his rights under the state constitution, and only concluded that the absence of an obvious error meant his conviction should remain intact. An El Paso County jury convicted Javier Vega Dominguez of two attempted child…
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Colorado justices confirm water-related enterprises may condemn private property
The Colorado Supreme Court confirmed on Monday 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 water supply for residents. The enterprises…
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Colorado justices, lawyers speak with rural students through outreach program
Members of the Colorado Supreme Court appeared before students from eight rural schools on April 16 to hear a pair of cases, field questions, and mark the first time the state’s newest justice participated in the long-running program. “I had such a unique opportunity to get to work with so many people in my career.…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Colorado Supreme Court concerned about police overreach in interrogations
Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
In 2006, the Colorado Supreme Court ruled that leaving the scene of an accident resulting in serious injury is a “strict liability” offense, meaning a person is guilty solely through their conduct, without the need for prosecutors to prove the defendant’s mental state. Now, 20 years later, one defendant is asking the Supreme Court to…