Author: Michael Karlik
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Federal judge rejects conservative podcaster’s attempt to ‘blame his spam folder’ for missing deadline
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A federal judge on Tuesday rejected the claims from a conservative podcaster about why he missed his deadline to respond, instead ordering Joe Oltmann once again to pay for the costs of litigating his own contempt proceedings. Earlier this summer, U.S. District Court Senior Judge William J. Martínez directed Oltmann to pay $37,000 for fleeing the…
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Appeals court addresses defendant’s request to get property back 3 years after Supreme Court laid out process
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Almost three years after the Colorado Supreme Court clarified how a convicted defendant may ask law enforcement to hand over his seized property, the state’s second-highest court found an El Paso County judge wrongly denied the man’s request to return certain items. Jurors convicted James Woo in 2018 for the murder of Julie Tureson in Colorado…
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Federal judge advances claim against prison guard for allegedly outing man as ‘snitch’
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A federal judge last week agreed an incarcerated man could sue a prison guard for allegedly putting him in danger and retaliating against him by revealing to other inmates that the plaintiff filed a sexual harassment complaint. The plaintiff, who is incarcerated at the Arkansas Valley Correctional Facility, raised allegations against three prison employees that…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
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Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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Appeals court ‘reluctantly’ sides with Jeffco DA in disapproving judge’s self-defense ruling
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Colorado’s second-highest court, by 2-1, agreed last week that a Jefferson County judge should not have let jurors consider whether a defendant acted in self-defense at a trial that resulted in his acquittal for menacing a police officer. However, members of the three-judge Court of Appeals panel criticized District Attorney Alexis King’s office for bringing…
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Federal judge to challengers of Colorado’s aid-in-dying law: Is key plaintiff’s death problematic to case?
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A federal judge on Friday asked those challenging a provision of Colorado’s aid-in-dying law to reconsider whether they want to continue litigating, after a key plaintiff died earlier this month. This year, three people alleged Colorado’s assisted suicide law, which voters enacted in 2016, violated multiple constitutional provisions with its requirement that beneficiaries be residents…
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Colorado justices weigh ‘cascade of errors’ in Arapahoe County murder trial
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There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017. At the trial of Davis’ suspected killer, jurors reached two conclusions. First, they believed he was guilty of second-degree murder for causing Davis’ death. Second, they were asked whether the defendant used a gun. No, said the jury, he…
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Federal court considers ‘smart glasses’ ban, 10th Circuit holds annual conference | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Colorado’s federal trial court is proposing new rules to ban “smart glasses” in the courthouse, while the Denver-based federal appeals court recently held its annual judges’ conference. State Supreme Court • Of the eight new opinions the Supreme Court has issued…
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Federal judge dismisses Boulder’s lawsuit against FAA over future municipal airport closure
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A federal judge on Monday dismissed Boulder’s lawsuit against the Federal Aviation Administration, which sought to confirm the city’s position that it is not legally obligated to continue operating Boulder Municipal Airport after 2040. The city sued last year because it believed it did not need the FAA’s approval to discontinue airport operations. Boulder argued…
