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

The state Supreme Court will hear its last set of oral arguments this week before breaking for the summer, and the nominee for a vacancy on the Denver-based federal appeals court recently recused from multiple cases involving the federal executive branch without a clear explanation.

Colorado Supreme Court news

• On Tuesday, the Supreme Court will hear arguments in four cases:

SCP 3330 Brighton OPCO, LLC et al. v. Mountain Cement Company, LLC.: Did a corporate plaintiff wait until too late to request a jury trial in a civil lawsuit?

T.L.P. v. People: The Supreme Court is shielding the filings in this case from public view and the Court of Appeals cannot release the underlying order that’s being appealed. So, the only preview of this child welfare case is a generic sentence on the Supreme Court’s calendar: “Whether the Court of Appeals erred in dismissing Father’s appeal on the basis that it lacked jurisdiction.”

A.R. Wilfley & Sons, Inc. v. National Union Fire Insurance Company of Pittsburgh: Should an asbestos company facing numerous personal injury lawsuits receive coverage from an excess insurance policy after the primary insurance became insolvent?

Crabtree v. People: The court will resolve the confusion it created with its prior ruling and explain how a defendant is supposed to seek postconviction relief after the Supreme Court made it harder for defendants to take advantage of changes in the law during an appeal.

• By 5-2, the Supreme Court recognized a right to use self-defense in the workplace, which, if exercised lawfully, employers may not rely upon as a basis to fire employees.

• The justices walked back the Court of Appeals’ expansion of zoning decisions that can be made through the ballot box.

• The court shut down the practice of defendants filing a post-conviction petition through hired counsel, allowing counsel to withdraw and receiving appointed counsel who are empowered to augment the original postconviction claims.

• The Supreme Court reversed two Chaffee County judges who incorrectly required an indigent “habeas corpus” petitioner to prepay the filing fees for his challenges.

Heard on appeal

• The Court of Appeals decided, by 2-1, that the reasonable doubt instruction given to jurors was constitutional but, by a different 2-1 pairing, the trial judge should have defined the term “bludgeon” when jurors asked about it.

• A Weld County judge was wrong to effectively deny bail to a murder defendant during the window between 2020-2024 when such offenses qualified for bail.

• The Court of Appeals clarified how a defendant commits the offense of impersonating a peace officer.

• Defendants found not guilty by reason of insanity are eligible to have their criminal records sealed, the Court of Appeals decided.

• An Adams County judge did not properly instruct jurors on the law of self-defense, triggering a reversal of the defendant’s murder conviction.

• After the Court of Appeals originally found that jurors disobeyed their instructions and convicted a defendant of murder on a legal theory that was not at play, the Supreme Court took no issue with the jury’s actions. The same appellate panel then abandoned its earlier conclusion and upheld the conviction.

• The Court of Appeals decided that the legal standard for claims involving jail deaths under Colorado law should mirror the standard for federal law.

In federal news

• U.S. District Court Chief Judge Daniel D. Domenico is the White House’s nominee for a vacancy on the U.S. Court of Appeals for the 10th Circuit. While he was undergoing vetting for the role, he recused from nine cases against the executive branch, alluding to a potential ethical conflict. However, it is unclear what those cases have in common and, therefore, why Domenico stepped aside.

• The 10th Circuit dismissed Tina Peters‘ appeal of her federal petition seeking release on bond while she appeals her state convictions. It wasn’t because the governor commuted her sentence, but because the trial judge issued a new decision denying bond.

• A federal judge declined to recuse from a capital murder case based on conversations she had with officials from Colorado’s “Supermax” prison during a tour of the facility.

• Gun-rights groups have filed suit challenging a new Colorado law expanding licensing and recordkeeping requirements for firearms dealers.

Vacancies and appointments

• There are three finalists to succeed retiring District Court Judge Philip J. McNulty in the First Judicial District (Jefferson and Gilpin counties): Valerie Cole, Magistrate Adam D. Kendall, and County Court Judge Corinne Magid.

• There are also three nominees to succeed incoming Mesa County Court Judge Courtney L. Dinnel in her current role as an Adams County Court judge: Todd Everet Bluth, Magistrate Michael B. Garlan, and Melissa A. Garscin.

• Applications are due by July 8 to succeed Judge John G. Scott in a part-time role on the Lake County Court. A law degree is not required for this position. Scott is resigning after just over three years on the bench.

• The 10th Circuit has appointed longtime public defender Matthew Belcher to lead the federal public defender’s office for Colorado upon the retirement of Virginia L. Grady.

On break

• Court Crawl will be on break next week and will return after the July 4 holiday.