Author: Michael Karlik
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Adams County murder conviction reversed due to faulty jury instruction
Colorado’s second-highest court overturned an Adams County defendant’s murder conviction last month because the instruction provided to the jury about a trespasser’s right to use self-defense did not accurately reflect Colorado law. A person is justified in using force to defend himself if he has a reasonable belief that another person will imminently use unlawful…
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Appeals judge decries inability for defendant to challenge his ‘three-strikes’ sentence
A member of Colorado’s second-highest court on Thursday registered his discomfort with a defendant’s inability to challenge his lengthy prison sentence that was a product of the state’s “three strikes” law. Obdulio Arvelo is serving 48 years in prison for a 2011 theft-related conviction. The sentence resulted from Arvelo’s designation as a “habitual criminal,” meaning…
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
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
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
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
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
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
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
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
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…