Tag: justice william hood
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Colorado justices, 4-2, say defendant cannot be retried after judge rejected jury’s partial acquittal
If a jury clearly indicates that it has acquitted a defendant of certain charges while remaining deadlocked on others, judges must accept that partial acquittal verdict, a divided Colorado Supreme Court ruled on Monday. Justice William W. Hood III, in the June 8 majority opinion, acknowledged that judges ordinarily may not ask a deadlocked jury…
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Children’s Colorado must resume care to transgender plaintiffs, state Supreme Court rules by 5-2
The Colorado Supreme Court, by a 5-2 vote, ordered Children’s Hospital Colorado on Monday to resume providing certain medical services to a group of transgender plaintiffs, which it had ceased in the face of funding threats from the federal government last year. The unusual appeal before the Supreme Court stemmed from a trial judge’s rejection…
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Colorado justices recognize limited right to evidence in postconviction challenges
The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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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 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…
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Colorado Supreme Court weighs transgender services case involving Children’s Hospital and federal threats
Some members of the Colorado Supreme Court expressed discomfort on April 14 with having to decide whether to order Children’s Hospital Colorado to resume providing certain services to transgender children, which could trigger a “death sentence” if the federal government imposes consequences. “I’m assuming there’s no middle ground here with the federal administration, in terms…
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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Colorado justices skeptical of appellate court’s limitation on prosecution’s appeal
The Colorado Supreme Court seemed skeptical on Tuesday that Denver prosecutors should be barred from appealing a trial judge’s permanent dismissal of a criminal case, based upon the sequence of events after the original ruling. Prosecutors charged Quinn M. Jebe with offenses relating to drug distribution and sexual assault on a child. In July 2023,…
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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…