Author: Michael Karlik
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10th Circuit reverses perjury conviction, warns prosecutors to watch their questioning
The Denver-based federal appeals court reversed a defendant’s perjury conviction last week, warning prosecutors that it is better to follow up on imprecise or unclear answers than to criminally charge a witness for their response. A jury convicted Lori Milliron on two counts of perjury, obstruction of justice, and being an accessory after the fact…
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10th Circuit rebuffs government, rules against shift to mandatory immigration detention
The Denver-based federal appeals court ruled on Tuesday against the government’s broad assertion of authority to keep people in immigration custody without the opportunity to demonstrate their suitability for release on bond. Although the regional appeals courts have reached different conclusions on the subject, the U.S. Court of Appeals for the 10th Circuit decided the…
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Appeals court revives tenants’ lawsuit over landlords’ illegal fee demands
Colorado’s second-highest court revived a proposed class-action lawsuit against landlords and other entities last month, concluding that state law did not permit the practice of demanding that tenants pay attorney fees in certain eviction proceedings. In 2021, lawmakers enacted a process by which tenants facing eviction can “cure” their delinquent payments. After a landlord has…
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Appeals court reverses Jeffco assault convictions due to omitted jury instruction
Colorado’s second-highest court agreed last month that a Jefferson County defendant’s assault convictions could not stand because his jury should have been allowed to consider whether he used force against a bar patron to defend his girlfriend from inappropriate touching. While the testimony conflicted and the surveillance video was not conclusive, jurors heard that Scott…
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Colorado Supreme Court tosses man’s lawsuit over daughter’s traffic death
The Colorado Supreme Court applied a confusing matrix of conditions and deadlines in state law to conclude on Monday that a man waited too long to sue after his daughter was rendered unconscious and later died from a vehicle accident. At the same time, the justices acknowledged that their interpretation may result in differential treatment…
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Colorado Supreme Court upholds child abuse convictions despite faulty jury instruction
The Colorado Supreme Court decided on Monday that a San Miguel County jury properly convicted a defendant of child abuse resulting in death, even though the instructions potentially allowed jurors to avoid finding that the child abuse resulted in death. The court agreed unanimously that the jury instructions for finding Madani Ceus guilty of a…
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Colorado justices say group that spent $4M on ballot initiatives does not have to disclose donors
The Colorado Supreme Court ruled on Monday that an organization that spent $4 million to advocate on ballot initiatives in the 2020 election is not required to disclose its donors and spending. The Supreme Court acknowledged that multiple factors suggested Unite for Colorado was a group whose “major purpose” was ballot issue advocacy. However, because…
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Colorado Supreme Court: Redistricting plans for 2028 election cannot proceed under state constitution
The Colorado Supreme Court blocked all attempts at redrawing congressional district boundaries for the 2028 election from reaching the ballot on Monday, concluding each of the proposed ballot measures violated the constitutional single-subject requirement. The court considered five distinct but related ballot measures. Half of the proposals would have redrawn U.S. House of Representatives districts…
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Bennet, Hickenlooper to vote against Trump’s 10th Circuit nominee from Colorado
Colorado’s two Democratic senators will not vote to confirm President Donald Trump’s nominee to a vacancy on the Denver-based federal appeals court. Trump has selected U.S. District Court Chief Judge Daniel D. Domenico, who he appointed as a federal trial judge in 2019, to fill a vacancy arising out of Colorado on the powerful U.S.…
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U.S. government declines to oppose multiple challenges to immigration detention in Colorado
Multiple federal judges in Colorado granted petitions from people challenging the lawfulness of their immigration detention this week after the government took the unusual step of declining to submit arguments in opposition. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration custody. The most common allegation is that the…