Author: Michael Karlik
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
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The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: ? Can a defendant’s plea agreement relinquish…
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Federal judge refuses to dismiss suit against Fort Collins over ex-officer’s meritless DUI arrests
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A federal judge last month agreed a man wrongly charged with drunk driving could sue the city of Fort Collins for failing to appropriately supervise one officer as he repeatedly arrested motorists who were not intoxicated. Jesse Cunningham is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Federal judge finds ‘just enough evidence’ to green-light deaf woman’s trial against Adams County sheriff
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A federal judge last month agreed a jury should decide whether the Adams County sheriff violated a deaf detainee’s rights by failing to secure an American Sign Language interpreter during her 12-hour stay in the jail. Cynthia Mullen filed suit under the Rehabilitation Act, a precursor to the Americans with Disabilities Act that protects people from…
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Colorado justices wary of disallowing lawyer from practicing due to honesty, candor issues
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Members of the state Supreme Court seemed hesitant on Tuesday to block a recent law school graduate with a long history of political activism in Colorado from practicing law, despite findings that he obstructed attorney regulators from learning about child neglect and domestic violence allegations. Matthew Tobin Arnold was in his mid-fifties when he graduated…
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Feds ask judge to install property manager to address Gunnison landlords’ non-compliance
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The federal government has asked a judge to appoint an independent property manager to bring a trio of Gunnison landlords into compliance with a non-discrimination consent decree they have largely ignored for over four years. On Tuesday, U.S. District Court Judge Gordon P. Gallagher called the motion “relatively straightforward” and set a deadline of two…
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‘Very vibes-based’: Colorado justices grapple with compensation owed to injured workers
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With multiple judges reaching different conclusions and hazarding guesses about what the Colorado Supreme Court might say, the state’s justices on Tuesday attempted to answer a question at the center of several recent lawsuits: When an employee is driving on the job and another motorist injures them, can they pursue both workers’ compensation and an…
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Colorado justices clarify timeline for children injured in car accidents to sue
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The Colorado Supreme Court on Monday clarified that children who are injured in car accidents can file suit within three years of the collision or within two years of turning 18, whichever happens later. The justices addressed confusion about how state law, which lays out the whichever-is-later standard, applied to the Supreme Court’s own precedent,…
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Colorado Supreme Court permits Boulder prosecutors to use murder suspect’s statements to police
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The Colorado Supreme Court ruled on Monday that prosecutors in Boulder County may use a murder suspect’s statements to police as evidence because officers did not need to give the defendant a Miranda warning prior to asking about all of the blood on him. Brandon Mason Bohler stands accused of first-degree murder for fatally stabbing…
