State Supreme Court returns for arguments, judges hear requests to stay decisions | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government.
The state Supreme Court returns this week to hear arguments in several cases, plus multiple federal judges addressed requests to put their orders on hold while entities sought relief on appeal.
Oral arguments
• Beginning tomorrow, the Colorado Supreme Court will hear oral arguments in nine cases. Those are:
People in the Interest of Kay.W. et al., R.G. v. People, and People in the Interest of C.C.M. et al.: All three appeals address the question of when a parent forfeits their right to a jury trial in a child neglect case.
In re the Parental Responsibilities of K.M.S. et al.: Can one set of grandparents seek visitation rights after their grandchildren have been adopted by the other set of grandparents?
O’Connell v. Woodland Park School District et al.: This case asks whether public entities can fix their violation of the state’s open meetings law after they’ve been sued, and whether doing so nullifies the challenger’s right to attorney fees.
Hushen et al. v. Gonzales: Are statements made in connection with a school’s sexual misconduct investigation shielded from future claims of defamation?
City of Grand Junction et al. v. Nicola: This case asks how long the plaintiff had to sue after his daughter was rendered unconscious through a car accident, then died weeks later.
Cantafio et al. v. Schnelle: If a successful defendant in a civil case turns around and sues the plaintiffs, should her lawsuit be subject to likely dismissal if the judge in the original case found there were grounds to bring it to a jury trial?
American Heritage Railways, Inc. et al. v. Colorado Public Utilities Commission: Did the PUC correctly adjudicate a land-use dispute between La Plata County and the Durango & Silverton Narrow Gauge Railroad Company?
• The Supreme Court will also hold a hearing on Wednesday afternoon to take public comments on proposed changes to the rules governing juvenile procedure.

Heard on appeal
• A Weld County investigator improperly testified about the defendant’s guilt, prompting the state’s Court of Appeals to overturn his convictions and 36-year prison sentence.
• By 2-1, the Court of Appeals concluded a Mesa County judge used the incorrect standard when weighing if a convicted defendant was entitled to a new trial, triggering further review.
• The only piece of evidence identifying a defendant as the perpetrator of domestic violence was inadmissible at trial, the Court of Appeals ruled in ordering a new trial.
• Guests of homeowners who are injured on HOA-owned property have a relatively easy path to sue the homeowner association, the Court of Appeals decided.
In federal news
• The U.S. Court of Appeals for the 10th Circuit clarified that notwithstanding its prior decisions, a judge in a civil trial may promptly ask the jury to reconsider its decision if it turns in a verdict that can’t be interpreted logically.
• A federal judge ordered a permanent halt to Denver Water’s expansion of Gross Reservoir in Boulder County, and a temporary pause on all construction while she figures out what needs to happen to stabilize the dam. Three days later, she allowed a brief window where construction may take place as Denver Water seeks the 10th Circuit’s intervention.

• A judge refused to back down on her order for Elizabeth School District to restore 19 restricted books to shelves in school libraries, telling the district they needed to comply by Saturday. However, the 10th Circuit temporarily put a pause on that directive while it considers longer-term relief during the appeal.
• Two state-law claims and one federal claim will proceed to a jury trial over the death of a Montezuma County jail detainee, a judge decided.
• A federal judge ruled the ex-chief of Teller County’s Florissant fire district had not presented a plausible claim that his firing violated his First Amendment rights.
• An incarcerated plaintiff may proceed with his claim that prison employees violated his rights by allegedly sharing a video of his strip search with other inmates and staff.
• A community college professor has plausibly alleged administrators refused to give him tenure because of his constitutionally protected speech, a judge found.
• A sex trafficking victim may sue the Colorado Springs hotel that allegedly facilitated her abuse.

• Two middle school boys who were accused of sexual harassment failed to credibly allege their Elbert County charter school violated their rights, a judge ruled.
• Recent adopters of wild horses are still able to collect their incentive payment from the federal government, a judge clarified, even after he overturned the program last month.
• Justice Melissa Hart and U.S. Magistrate Judge N. Reid Neureiter told attorneys about when it’s appropriate for the state Supreme Court to assist federal judges in interpreting the meaning of Colorado law.
Vacancies and appointments
• Denver’s mayor has appointed Marguerite “Maggie” Conboy, a prosecutor with the Fifth Judicial District Attorney’s Office and formerly the Denver District Attorney’s Office, to the Denver County Court, where she will succeed retiring Judge Clarisse Gonzales.
Miscellaneous proceedings
• A constitutional rights lawsuit has been filed against Proposition KK, the voter-approved measure placing a tax on firearms and ammunition to fund school safety programs and crime victim support.
• The Denver Gazette reported that multiple retired judges have made political contributions despite continuing to serve as judges in the form of private appointments, largely for divorce cases.
• The Judicial Department has $2.1 million available for grants through the Family Violence Justice Fund for groups assisting victims of family violence in civil proceedings. The application deadline is April 30.
• There are also $1.1 million in grants available from the Eviction Legal Defense Fund, which assists groups that provide legal services to indigent tenants. The deadline to apply is also April 30.
On break
• Court Crawl will take next week off and will return later in April.


