Author: Michael Karlik
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Colorado justices rule Larimer County judge wrongly denied competency second opinion to defendant
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The Colorado Supreme Court determined on Monday that a Larimer County judge had no choice but to permit a doctor to give their second opinion on a criminal defendant’s competency to proceed, even though he had received numerous such evaluations in the past. Justice Carlos A. Samour Jr., in the Jan. 12 decision, noted that…
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Colorado justices clarify procedure for defendants to access DNA analyst’s criminal file
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The Colorado Supreme Court ruled on Monday that trial judges may order Jefferson County prosecutors to disclose information related to the criminal prosecution of a DNA analyst accused of misconduct, but defendants seeking those files cannot rely on the order alone to gain access. Yvonne “Missy” Woods is a former Colorado Bureau of Investigation DNA…
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In rare move, evenly divided Colorado Supreme Court issues no opinion on child welfare case
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The Colorado Supreme Court, in an extraordinary move, could not reach agreement on Monday about whether a child’s legal representative has the authority to file a motion to terminate parental rights in a child welfare proceeding. The 3-3 vote was a product of Justice Melissa Hart’s announced departure from the court in mid-December. She cited…
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State Supreme Court oral arguments, discipline case resolved | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will hear oral arguments this week, plus disciplinary authorities resolved the misconduct case against a San Miguel County judge. At the Supreme Court • The Colorado Supreme Court has four cases on its docket this Wednesday. They…
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Federal judge opens new front in effort to increase magistrate judge handling of civil cases
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One of Colorado’s federal judges rang in the new year with a new effort to spread out the U.S. District Court’s civil caseload among its roster of magistrate judges. “NOTICE ENCOURAGING CONSIDERATION OF CONSENT,” Judge S. Kato Crews has written in docket entries across at least nine recently filed civil cases so far. “This district’s…
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Colorado lawmakers hear from chief justice about security needs, new judges
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Chief Justice Monica M. Márquez asked members of the legislature’s Joint Budget Committee on Tuesday to stay the course and fund the 10 new trial judgeships that Colorado lawmakers approved last year, and also explained her vision for enhancing judicial branch security. Responding to questions generated by committee members after a hearing last month on…
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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Appeals court orders new child abuse trial due to improper evidence of prior mistreatment
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Colorado’s second-highest court overturned a Montezuma County defendant’s child abuse conviction last month, concluding evidence of prior mistreatment was too dissimilar to the alleged conduct that formed the basis of the criminal charges. Garland Kay Malcolm received a 32-year prison sentence after jurors convicted her in 2023 for the severe injuries to a 6-year-old boy…
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Federal judge recommends blocking Justice Department ‘dragnet’ on Children’s Hospital Colorado
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A federal judge repeatedly criticized the government on Monday as he concluded a U.S. Department of Justice request for patient and employee information from Children’s Hospital Colorado was fueled by an “improper purpose” and should be denied. U.S. Magistrate Judge Cyrus Y. Chung determined that the government’s stated purpose of investigating possible violations of the…
