Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government.

Several judges from the federal and state courts gave their annual presentations to Colorado’s appellate lawyers, plus the state Supreme Court is back this week to hear three days of arguments.

Argument calendar

•  Beginning on Tuesday, the Colorado Supreme Court will hold arguments in eight cases, including two on Thursday in El Paso County as part of the “Courts in the Community” program. The docket includes:

People v. Camp and People v. Simons: Both cases ask whether municipal ordinances can punish defendants more harshly than state law for identical offenses.

People v. Mion: When is a defendant entitled to argue that the drug they thought they were taking may have been secretly laced with another drug?

People v. Schnorenberg: In a securities fraud case, should a defendant be able to broadly testify about the advice he received from his attorney about what he needed to disclose to investors?

Lind-Barnett et al. v. Tender Care Veterinary Center, Inc.: Do negative online reviews need to have a “nexus” to an issue of public debate to be shielded under Colorado’s anti-SLAPP law?

The Sentinel Colorado v. Rodriguez: Is a newspaper a “citizen” under the state’s open meetings law, such that it will receive attorney fees for successfully raising an open meetings violation?

Hobbs v. City of Salida et al.: Can local governments permit for-profit entities on private property to exceed the state’s noise limits for events?

People v. Hollis: Is a criminal defendant liable for repaying the money police used to stage an undercover drug buy?

•  There will also be a hearing for proposed new rules of family procedure.

Appellate update

•  Every year, a group of appeals judges and justices talk to attorneys about new developments or advice about litigating appeals. This year was no different, with the annual update featuring:

Court of Appeals judges speaking about their workflow once a case comes in

The chief justice and other chief judges describing the news out of their courts

Tactics for effectively litigating criminal appeals

A debate between a Supreme Court justice and Court of Appeals judge about deciding cases using arguments the litigants didn’t raise

In other Supreme Court news

•  By 5-2, the justices interpreted a 2022 law to mean defendants who are standing trial for fentanyl distribution resulting in death may be entitled to have jurors hear about the victim’s suicidal intentions.

•  Tristan Gorman, policy director for the Colorado Criminal Defense Bar, recalled to Colorado Politics she was told at the time of the law’s passage that there would not be prosecutions for intentional overdoses. “Not only are they doing it, but they are trying to keep evidence that the death was an intentional suicide from the jury,” she added.

•  The Supreme Court will decide whether an injured plaintiff has to strictly abide by the legal conditions for suing the government if it turns out a public entity withheld information about the party who is actually responsible for the injuries.

•  Meanwhile, the legislature expressed its disagreement with a Supreme Court decision from last month, enacting a new law to clarify that competency re-evaluations on juvenile defendants can only happen in response to a judge’s order.

Heard on appeal

•  The state’s Court of Appeals overturned a $4 million jury award to an elderly woman wrongfully subjected to a Denver SWAT search, determining that only intentional or reckless misrepresentations can render police liable for an unlawful search.

•  A juror’s alleged anti-police statements during deliberations can’t be a basis for inquiring into the validity of the verdict, the Court of Appeals ruled.

•  A domestic violence conviction under a municipal ordinance, while not classified as a misdemeanor, is grounds for rejecting a person’s firearm purchase.

•  The Court of Appeals decided prosecutors may introduce evidence that the defendant abused a witness if it will help jurors understand why the witness may have lied to police.

•  Multiple appellate judges gave pointers about how to litigate postconviction petitions, which are separate from direct appeals and often involve investigation into new evidence or ineffective assistance of counsel.

In federal news

•  A federal judge found the Trump administration likely acted beyond its authority by attempting to summarily remove “alien enemies” from the country, and has barred any such removals from Colorado.

•  In issuing a preliminary injunction against the use of the Alien Enemies Act, U.S. District Court Judge Charlotte N. Sweeney defended the courts’ prerogative to review executive actions, rejecting the government’s “flawed premises” and “unpersuasive argument.”

•  A federal judge heard testimony about what further construction needs to happen on the 60% completed Gross Reservoir and Dam expansion that she halted last month.

•  Convicted Mesa County clerk Tina Peters will need to decide her next steps after a federal judge determined her petition seeking release on bond was faulty.

•  A judge disagreed that the federal appeals court needed to review the constitutionality of his courtroom policies encouraging lawyers to use people’s correct pronouns. He noted a pair of complaining attorneys had not been reprimanded to date for referring to a trans woman with male pronouns.

•  A judge agreed the Colorado Symphony had not discriminated against a violinist by placing her on leave because she declined to get the COVID-19 vaccine.

•  It was proper for the state to “intercept” a $3.66 million jury award and use it to pay down the crime victim restitution the plaintiff still owed, a judge decided.

•  A Kiowa County sheriff’s deputy is not entitled to immunity for a fatal car accident he allegedly caused.

Vacancies and appointments

•  The governor appointed Magistrate Michal A. Lord-Blegen of the 17th Judicial District (Adams and Broomfield counties) to succeed retiring District Court Judge Rayna Gokli, who has only been on the bench for six years.

•  The chief justice has selected District Court Judge Nancy W. Salomone to be the new chief judge in Boulder Couty, where she succeeds retiring Chief Judge Ingrid S. Bakke.

Going on break

•  Court Crawl will be off next week and will return later this month.