Author: Michael Karlik
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Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
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A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
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Appeals court decides violations of child custody orders may be prosecuted per child
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Colorado’s second-highest court concluded for the first time on Wednesday that a defendant may be charged with violating a child custody order based on the number of children affected, not the number of orders violated. Mesa County jurors convicted Tiffany Jean Wilson on four counts of violating a custody order. She drove off with her…
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‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
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The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
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Federal judge finds immigration judge denied bond using faulty reasoning, dubious evidence
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A federal judge concluded last week that an immigration judge employed the incorrect procedure when denying bond to a detainee and relied on dubious evidence to find he was a flight risk. Under federal rules governing immigration cases, the filings and underlying details of Hugo Cervantes Arredondo’s case are restricted from public disclosure. However, on Oct.…
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Colorado Supreme Court ponders insurers’ ability to defend against policyholders
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The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
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Court: Municipal sentences may not be greater for identical state crimes
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The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be prosecuted in…
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Justice Hart to leave Supreme Court, new recs from Access to Justice Commission | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A member of the Colorado Supreme Court unexpectedly announced her retirement from the bench, plus the state’s Access to Justice Commission has made recommendations following a renewed listening tour. Justice Hart exits • Justice Melissa Hart, a member of the Colorado…
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Colorado Supreme Court finds judge mistakenly barred evidence over officer’s failure to unmute body cam
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A Fremont County judge incorrectly barred evidence from being used against a defendant based upon a Cañon City officer’s failure to unmute his body-worn camera, the Colorado Supreme Court decided on Monday. Under a comprehensive police accountability law enacted in 2020, law enforcement officers are generally required to wear and use body-worn cameras when interacting with…
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Colorado Supreme Court holds municipal sentences may not be greater for identical state crimes
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The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the Dec. 22 opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
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Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
