christina gomez
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Appeals court finds El Paso judge had no authority to extend woman’s probation by 5 years
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An El Paso County judge had no legal authority to extend a woman’s probation by five years simply because she was too poor to make her entire restitution payment to her victim in time, Colorado’s second-highest court ruled last week. A three-judge panel of the Court of Appeals acknowledged trial judges may extend a defendant’s…
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Appeals court halts local board’s attempt to open schools outside boundaries
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Colorado’s second-highest court handed a win to the state’s 178 school districts on Thursday, putting a halt to an educational alliance’s practice of opening schools outside its own boundaries without local districts’ consent. State law enables school districts to join together as boards of cooperative educational services, or BOCES, in order to collectively provide certain…
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Appeals court orders judge to reconsider drastic reduction to $33 million wrongful death verdict
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Colorado’s second-highest court has ordered an Arapahoe County judge to reconsider her decision to slash a jury’s $33 million verdict to just $436,070 against a man who was speeding at 99 mph before he ran a red light and killed another motorist. Although District Court Judge Elizabeth Volz applied the monetary cap on jury awards…
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$677 million property tax valuation for Gaylord resort is upheld
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With a $400 million difference in property value on the line, Colorado’s second-highest court has sided with Adams County in upholding a $676.5 million valuation of the Gaylord Rockies Resort & Convention Center. The owner of the 1,501-room hotel near Denver International Airport attempted to argue the amenity-rich convention center’s real value was closer to $270 million.…
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Appeals court decides 2-1 on standard for restricting parents’ custody
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A divided panel of the state’s Court of Appeals has clarified the circumstances under which judges can restrict a parent’s time with their children, in a case complicated by the contradictory orders of a Jefferson County magistrate. Under Colorado law, a divorced parent can ask a judge to restrict their ex-spouse’s custody if there are…
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Appeals court finds no error in dismissal of Black juror from El Paso County case
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Colorado’s second-highest court has determined an El Paso County judge appropriately allowed prosecutors to dismiss a Black juror from a criminal trial for reasons other than his race. The U.S. Supreme Court recognized in the 1986 decision of Batson v. Kentucky that juror dismissals, or strikes, motivated by a juror’s race are unconstitutional. Consequently, trial judges evaluate…
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Court of Appeals formally welcomes 3 new judges appointed pre-pandemic
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Within the state’s second-highest court, they are known as the “three amigos.” Alternately: the “three stooges,” the “three musketeers,” or “chummy, yummy and gummy.” But to everyone outside the Court of Appeals’ 22-member bench, they are known simply as “judge.” “They’re very tight. They’re very close,” said Chief Judge Gilbert M. Román during Thursday’s formal swearing-in ceremony…
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Appeals court denies request to block voter-approved minimum price for cigarettes
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The state’s second-highest court has rejected a Littleton woman’s request to block the portion of a voter-approved ballot initiative that established a minimum price for cigarettes. Jennifer Ann Smith filed suit against the state of Colorado and multiple officials following the passage of Proposition EE in the 2020 election. A key function of the initiative…
