Author: Michael Karlik
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Appeals court reverses Fremont County judge’s sanction on DA’s office over evidence misunderstanding
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Colorado’s second-highest court ruled on Thursday that a Fremont County judge was wrong to reduce the severity of a criminal charge because she believed the district attorney’s office failed to turn over police reports that, in reality, did not exist. Prosecutors charged Derek Eugene Ruppel in early 2025 with one felony and one misdemeanor count…
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Federal judge blocks Colorado law requiring social media platforms to provide warnings to children
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A federal judge blocked Colorado on Thursday from implementing a requirement that social media companies notify users younger than 18 of the effects to their mental and physical health from using the platforms. Lawmakers enacted House Bill 1136 by wide margins in 2024, with a goal of providing “research-based education and interventions” about minors’ use…
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Appeals court says claims cannot be based on increased risk of future health problems
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Colorado’s second-highest court concluded last week that state law does not recognize a plaintiff’s claim that a defendant’s actions increased their risk of illness in the future. A three-judge Court of Appeals panel acknowledged that courts in some states have sided with plaintiffs’ arguments that the need to spend money on medically monitoring their exposure…
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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San Miguel County judge suspended, discipline commission harbors ‘serious concerns’ about conduct
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A San Miguel County judge who failed to respond for months to disciplinary authorities’ requests to explain himself is now facing allegations that his misconduct infected two dozen cases and forced some litigants to wait years for decisions. Documents filed in the matter of County Court Judge Sean K. Murphy also alleged several bizarre incidents,…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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Appeals court rules Denver officer, city may be sued for collision with scooter
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Colorado’s second-highest court concluded last month that a Denver police officer and the city itself were not immune from the negligence lawsuit of a scooter rider injured after the officer ran a red light. Jordon Reynolds was riding a scooter on N. Holly Street late one night in October 2023 just as Officer Emmett Hurd…
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10th Circuit finds Denver officers unconstitutionally searched man
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The Colorado-based federal appeals court concluded last week that Denver officers lacked reasonable suspicion when they detained a group of people who happened to park on a public street near a vehicle used by a shooter 12 hours prior and several miles away. Prosecutors indicted one member of the group, Noah Huerta, for being a…
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10th Circuit revives retaliation claim against Jeffco sanitation district
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The Denver-based federal appeals court on Monday reinstated an attorney’s retaliation claim against her former employer, a special district based in Lakewood, alleging she was fired for statements she made about board members’ malfeasance. Courts have recognized that public employees’ First Amendment rights are more limited, owing to the need for the government to control…
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‘How does that make sense?’ Federal judge demands answers from lawyer on faulty citations
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A federal judge aggressively interrogated a lawyer on Monday for her use of flawed citations in a legal filing and her response after it was brought to her attention. “Do you agree with me now that those citations are not proper?” asked U.S. District Court Judge Nina Y. Wang. Yes, responded attorney Sara A. Green,…
