Author: Michael Karlik
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Appeals court rejects theory that existing tax revenue undermines need for new fees
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Colorado’s second-highest court rejected a plaintiff’s claim on Thursday that the tax revenue generated by an existing activity should prevent local governments from imposing new fees aimed at regulating the activity. The question stemmed from Colorado’s unique constraints on taxation under the 1992 Taxpayer’s Bill of Rights. The constitutional amendment generally requires voter approval of…
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
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Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Appeals court reinstates Garfield County arson charge
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Colorado’s second-highest court reinstated a Garfield County defendant’s arson charge on Thursday, concluding a trial judge improperly credited a witness’s claim that she alone was responsible for starting the fire. A sheriff’s deputy responded to a brush fire near Parachute in May 2024, next to a residential neighborhood. Witness statements and video evidence suggested Tiana…
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Federal judges rebuke ex-Colorado judicial discipline director for conduct in lawsuit
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A pair of federal judges expressed a desire on Thursday to break the logjam on a lawsuit by Colorado’s former judicial discipline director against the state Supreme Court and related entities, while simultaneously showing little tolerance for the plaintiff’s scorched-earth tactics against the defendants and the judges themselves. “I will not be impressed or influenced…
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Federal judge refuses to authorize immediate appeal in World Cup trafficking lawsuit
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A federal judge declined to authorize an immediate appeal last week of a prior decision allowing companies operating out of Colorado to be sued for allegedly participating in a human trafficking venture involving Filipino laborers who constructed facilities for the 2022 World Cup in Qatar. Occasionally, trial judges’ decisions are subject to mid-case, or “interlocutory,”…
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Federal judge considers second round of sanctions against ex-Colorado judicial discipline director
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A federal judge ordered Colorado’s former judicial discipline director on Tuesday to explain why she should not sanction him a second time for filing documents for improper purposes, such as harassment or delay. U.S. District Court Senior Judge Kathryn H. Vratil is already scheduled to hear arguments and evidence on Thursday about potential misrepresentations made…
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Colorado justices agree to review insurance question that has divided federal judges
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The Colorado Supreme Court granted a federal judge’s request on Friday to address an issue that has produced conflicting answers in policyholders’ lawsuits against insurance companies over unpaid benefits. “Parties (and judges) regularly spend undue time and money fighting in the pretrial context about a legal question that should be resolved once and for all…
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Federal judge dismisses background screeners’ challenge to Colorado law
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A federal judge dismissed a challenge on Friday to a portion of Colorado law that prohibits certain information from being included in consumer reports, in what seemed to be a conflict with federal law. Congress originally enacted the Fair Credit Reporting Act in 1970, with the goal of requiring consumer reporting agencies to adopt reasonable procedures…
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10th Circuit rejects ‘penalty’ for children of naturalized citizens seeking visas
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The Denver-based federal appeals court joined three of its peers earlier this month and determined the child of a newly naturalized U.S. citizen is not moved to a longer visa line as a result of his parent gaining citizenship, and the government acted outside its authority by reclassifying the son of a new citizen into…
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Appeals court recognizes longer window to sue insurers for withholding policy details
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Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
