Author: Michael Karlik
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
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The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
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The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | 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 resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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10th Circuit provides guidance on police searches of cloud-based data
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The Denver-based federal appeals court provided guidance to law enforcement agencies on April 13 for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching…
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Federal judge releases man after 2 immigration judges disobey order
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A federal judge released a man from immigration detention on Thursday after two different immigration judges disobeyed his order in the same case. “At this point, the Court has granted Respondents two bites at the apple to prove detention of Petitioner was warranted,” wrote U.S. District Court Judge Gordon P. Gallagher. “It will not allow…
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Appeals court finds Prowers County judge incorrectly analyzed firetruck collision lawsuit
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Colorado’s second-highest court directed a Prowers County judge last month to take a second look at whether a firetruck operator and the county itself can be held liable for a collision with a motorist. Donald Williamson was driving through a green light in Lamar when he crashed into a firetruck operated by John Owens Jr.…
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Appeals court reverses assault convictions after jury received no definition of ‘harm’
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Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
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Colorado counties cannot challenge state law restricting immigration contracts, appeals court says
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Colorado’s second-highest court ruled on Thursday that counties lack standing to challenge a 2023 state law that restricts their ability to contract with the federal government or private entities for immigration detention. A three-judge Court of Appeals panel agreed with a trial judge that the Colorado Constitution provides the legislature with broad power to enact…
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Federal judge partially allows second World Cup trafficking lawsuit to move forward
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A federal judge allowed some claims to move forward last month against companies operating out of Colorado that allegedly participated in a human trafficking venture involving Filipino laborers who constructed facilities for the 2022 World Cup in Qatar. There are three lawsuits pending in Colorado, each brought by a group of workers under the federal…
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Federal judge dismisses lawsuit seeking to force Colorado secretary of state to screen out scam filings
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A federal judge dismissed a lawsuit last week that sought to require Colorado’s secretary of state to verify corporate filings in the state’s database to reduce the risk of future fraud. Bernard Butts of Florida, who was 83 when he filed suit last year, alleged that he contacted a company listed in the state’s business…