boulder county
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Federal judge hears about Gross Reservoir safety issues
A federal judge on Tuesday heard expert testimony about a massive Denver Water project in Boulder County as she decides how much construction is needed to shore up the unlawfully permitted reservoir expansion. Last month, U.S. District Court Senior Judge Christine M. Arguello found that, as a result of federal law violations, the expansion of Gross…
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Colorado Supreme Court overturns judge’s prohibition on using victim’s journals as evidence
The Colorado Supreme Court on Friday overturned a judge’s order that prohibited Boulder County prosecutors from using the 25-year-old journal entries of an alleged victim to prove the defendant committed sexual assault on a child. In a brief April 25 order, the justices rejected the notion that the district attorney’s office should have allowed the…
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10th Circuit allows Gross Reservoir construction to continue while trial judge sorts out project
The Colorado-based federal appeals court on Friday permitted construction to continue temporarily on Denver Water’s massive infrastructure project in Boulder County while a trial judge forges ahead with a hearing on the matter. Earlier this month, U.S. District Court Senior Judge Christine M. Arguello found that, as a result of federal law violations, the expansion of…
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10th Circuit extends window for Gross Reservoir construction as it weighs Denver Water request
The Colorado-based federal appeals court agreed on Friday to allow construction to continue on a Denver Water project in Boulder County — only until it can come up with a longer-term answer for whether to keep in place a trial judge’s order freezing all further work. On April 3, U.S. District Court Senior Judge Christine M.…
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Federal judge permits brief window of construction on Gross Reservoir in face of appeal
Three days after ordering Denver Water to permanently halt its efforts to expand a Boulder County reservoir, a federal judge on Sunday gave the utility a brief window to proceed with necessary construction as an appeal of her decision is filed. On April 3, U.S. District Court Senior Judge Christine M. Arguello found that as…
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Colorado justices to hear cases on ‘borrowed’ allegations, policyholders’ failure to cooperate
The Colorado Supreme Court announced on Monday that it will hear an appeal asking whether lawyers can incorporate allegations from other lawsuits into their own complaints without personally speaking with witnesses in the prior cases first. At least three of the court’s seven members must agree to hear a case on appeal. The justices will…
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Appeals court rejects allegations of racial discrimination in jury selection in 2 cases
Colorado’s second-highest court ruled last month that prosecutors in two cases did not engage in intentional racial discrimination when they dismissed two women of color from the jury pool. Under longstanding U.S. Supreme Court precedent, purposeful race-based discrimination in jury selection is unconstitutional. Normally, parties may exercise “peremptory strikes” of jurors without citing a reason.…
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Colorado justices allow sentences of probation after prison, even though prison-plus-probation illegal
Even though the Colorado Supreme Court ruled five years ago that sentences of prison plus probation are illegal, the justices decided on Monday that judges were permitted to fix those sentences by imposing basically the same punishment. In its 2019 decision of Allman v. People, the Supreme Court ruled that state law treats probation as an…
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Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…