appeals
-
Adams County prosecutors disregarded medical marijuana law in revoking probation, appeals court says
—
by
Prosecutors in Adams County were responsible for revoking a woman’s probationary sentence because she was using medical marijuana, even though the law allowed her to do so, the state’s Court of Appeals determined. A three-judge panel for the appeals court was concerned that prosecutors had operated with an ulterior motive. Although the district attorney’s office…
-
Campaign contributions to local officials may require recusal in rare cases, appeals court says
—
by
Colorado’s second-highest court has ruled for the first time that campaign contributions to an elected official may, in rare cases, require their recusal from voting in matters that implicate a person’s right to an impartial decision-maker. At the same time, a three-judge panel for the Court of Appeals found that the $4,100 given to a…
-
Jeffco judge wrongfully terminated father’s rights as he struggled to connect to hearing, appeals court rules
—
by
A Jefferson County judge declined to postpone proceedings and instead terminated a father’s parental rights as he struggled to connect to the virtual hearing, a decision the state’s second-highest court has now reversed. District Court Judge Ann Gail Meinster should have granted the request to postpone the February 2021 hearing, a three-judge panel of the…
-
Appeals court rules against Teller County sheriff, reinstates lawsuit challenging immigration enforcement
—
by
Six Teller County taxpayers have the right to sue their sheriff for his enforcement of federal immigration policies in an apparent violation of state law, the Colorado Court of Appeals ruled on Thursday. Sheriff Jason Mikesell had attempted to argue that an atypical funding scheme for the county jail meant that on paper, no taxpayer dollars…
-
Jeffco prosecutor crossed line, appeals court finds in reversing sex abuse conviction
—
by
A Jefferson County prosecutor, speaking to the jury, improperly and repeatedly used a defendant’s silence in a police-recorded phone call against him, the Court of Appeals decided last week in ordering a new trial. Although the Fifth Amendment prohibits prosecutors from drawing conclusions about a defendant’s guilt if he exercises his right to remain silent,…
-
10th Circuit dismisses lawsuit challenging validity of TABOR
—
by
The federal appeals court based in Denver has dismissed the long-running lawsuit seeking to void Colorado’s Taxpayer Bill of Rights, finding in a 7-2 decision that a collection of local governments has no basis to challenge the 1992 constitutional amendment. Chief Judge Timothy M. Tymkovich, writing for himself and six of his colleagues, concluded that the…
