Author: Michael Karlik
-
Arapahoe County domestic violence conviction reversed for constitutional violation
An Arapahoe County judge improperly limited a defendant’s constitutional right to confront her victim, prompting Colorado’s second-highest court to reverse her conviction last month. Jurors found Richel Lee Gurule guilty in 2022 of assaulting her romantic partner at the time. Each woman said the other was the aggressor. Before trial, the judge permitted the defense…
-
Federal judge bars government from using seized narcotics in drug trafficking case
A federal judge last month barred the government from using more than two dozen pounds of narcotics seized from a vehicle as evidence against the defendants because a Colorado state trooper violated the prohibition on unreasonable searches and seizures. When Trooper Joshua St. Onge pulled over Ezequiel Pita-Chavolla and Manuel Pacheco for a traffic infraction,…
-
Judge declines to dismiss lawsuit of El Paso County jail detainee in extended solitary confinement
A federal judge has declined to dismiss a constitutional rights lawsuit from an incarcerated man who alleged he was improperly held in solitary confinement for more than 200 days in the El Paso County jail. Willis Earl Jenkins Jr., representing himself, filed suit against two jail employees for allegedly confining him alone for 23 hours…
-
Appeals court clarifies water conservancy districts must follow TABOR
Colorado’s second-highest court clarified last week that water conservancy districts must seek voter approval pursuant to the Taxpayer’s Bill of Rights, or TABOR, before increasing their tax rates. Previously, a Logan County judge believed the law creating water conservancy districts, which existed prior to voters’ enactment of TABOR in 1992, mandated district boards to set tax…
-
Federal judge throws out attorney’s defamation claim against local blogger
A federal judge on Thursday threw out an attorney’s defamation claim against a blogger who was critical of her work representing a special district in Jefferson County and who, she believed, contributed to the district’s decision to oust her. Mary Joanne “Jo” Deziel Timmins sued the Green Mountain Water and Sanitation District after it fired her…
-
Colorado appeals court upholds campaign finance fine for ex-state Senate candidate
Colorado’s second-highest court last week agreed a former state Senate candidate misinterpreted campaign finance law and failed to file the proper paperwork upon declaring her candidacy. Suzanne Taheri was the unsuccessful Republican nominee in 2020 for the seat now held by Sen. Chris Kolker, D-Littleton. Although Taheri believed she had satisfied Colorado’s campaign finance requirements…
-
Colorado Supreme Court upholds DPS search of student on ‘safety plan’
The Colorado Supreme Court agreed on Monday that Denver Public Schools personnel acted constitutionally when they searched a student’s backpack without a warrant or suspicion of wrongdoing, but instead pursuant to a “safety plan” created after his prior criminal conduct. The case appeared to be the first to address how the Fourth Amendment’s prohibition on…
-
Colorado justices give thumbs-up for insurers to offer classic car-only policies
Insurance companies may lawfully offer automobile insurance with terms that apply only to antique or classic cars, the Colorado Supreme Court decided on Monday, 6-1. Under Colorado law, insurance companies must offer policies that contain coverage against uninsured or underinsured motorists, meaning those who cause injuries and whose own insurance is not sufficient to cover…
-
Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
-
Study suggests more judges for appeals court, state Supreme Court’s latest oral arguments | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A recent report commissioned by the state’s Judicial Department has recommended the addition of six new judgeships on Colorado’s second-highest court, plus the state Supreme Court heard oral arguments in five cases earlier this month. Heavy docket ? Between 2022 and…