Tag: justice richard gabriel
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Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
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Lakewood police acted unconstitutionally in using drug detection dog, Supreme Court rules by 5-2
Lakewood police violated the constitutional prohibition on unreasonable searches by ensuring a driver’s door remained open so a drug detection dog could sniff inside the vehicle without probable cause, the Colorado Supreme Court concluded on Monday. In the 5-2 decision, all justices agreed with the principle that law enforcement conducts a search if they “facilitate”…
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A tattoo, the N-word, a different crime: Colorado justices hear appeal of former death row inmate
Almost 20 years after the murders of a young couple in Aurora, the Colorado Supreme Court heard the appeal of the man convicted of orchestrating the killings and who now alleges numerous errors pervaded his trial. Arapahoe County jurors convicted Robert Keith Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received…
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Colorado justices weigh constitutional implications of livestreaming criminal trials
With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Colorado Supreme Court upholds Black Hills’ winter storm surcharge from 2021
The Colorado Supreme Court on Monday upheld the state utility commission’s authorized method of charging Black Hills Energy customers for $23 million in natural gas purchases for a winter storm, rejecting claims that the surcharge was unreasonable. In advance of Winter Storm Uri in February 2021, Black Hills bought additional gas to ensure continued service…
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Colorado Supreme Court clarifies path for proving insurers’ unreasonable delay of benefits
The Colorado Supreme Court delivered a decision with mixed benefits to insurance companies and policyholders on Monday, ruling that insurers’ internal evaluations of claims cannot be used to prove how much they owe a plaintiff, but companies also cannot hide behind ambiguity to delay paying certain types of damages. Under state law, insurers cannot unreasonably…
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Colorado Supreme Court wary of requiring child welfare workers to give Miranda warnings prior to interrogations
Members of the Colorado Supreme Court seemed hesitant on Wednesday to endorse the idea that child welfare workers must provide a Miranda warning before interrogating a parent in custody, even if the conversation will later be used in a criminal prosecution. The state’s Court of Appeals previously upheld the murder convictions of two men, both…
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‘Chutzpah’: Colorado justices raise eyebrows at Weld County’s assertion it can evade redistricting law
Members of the Colorado Supreme Court appeared incredulous on Wednesday as a lawyer for Weld County argued the jurisdiction did not need to follow the state’s redistricting law, maintained it should not have to redraw its commissioner districts for nine more years, and declined to say whether the county would even comply with a Supreme…
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Colorado justices rule plaintiffs can use open records law for evidence when suing government
The Colorado Supreme Court decided on Monday that nothing in the state’s open records law prevents a person from seeking documents from public entities at the same time they are suing the government in court. Although the justices agreed that a plaintiff properly used the Colorado Open Records Act (CORA) to seek a tape recording…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…