colorado supreme court
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Appeals court rejects theory that existing tax revenue undermines need for new fees
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Colorado’s second-highest court rejected a plaintiff’s claim on Thursday that the tax revenue generated by an existing activity should prevent local governments from imposing new fees aimed at regulating the activity. The question stemmed from Colorado’s unique constraints on taxation under the 1992 Taxpayer’s Bill of Rights. The constitutional amendment generally requires voter approval of…
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
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Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Federal judges rebuke ex-Colorado judicial discipline director for conduct in lawsuit
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A pair of federal judges expressed a desire on Thursday to break the logjam on a lawsuit by Colorado’s former judicial discipline director against the state Supreme Court and related entities, while simultaneously showing little tolerance for the plaintiff’s scorched-earth tactics against the defendants and the judges themselves. “I will not be impressed or influenced…
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Federal judge considers second round of sanctions against ex-Colorado judicial discipline director
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A federal judge ordered Colorado’s former judicial discipline director on Tuesday to explain why she should not sanction him a second time for filing documents for improper purposes, such as harassment or delay. U.S. District Court Senior Judge Kathryn H. Vratil is already scheduled to hear arguments and evidence on Thursday about potential misrepresentations made…
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Colorado justices agree to review insurance question that has divided federal judges
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The Colorado Supreme Court granted a federal judge’s request on Friday to address an issue that has produced conflicting answers in policyholders’ lawsuits against insurance companies over unpaid benefits. “Parties (and judges) regularly spend undue time and money fighting in the pretrial context about a legal question that should be resolved once and for all…
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Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
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Federal judge to consider sanctioning ex-Colorado judicial discipline director
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A federal judge ordered Colorado’s former head of judicial discipline on Wednesday to explain why she should not sanction him for making inaccurate statements about the defendants in his lawsuit against the Colorado Supreme Court and related entities. U.S. District Court Senior Judge Kathryn H. Vratil indicated she will hear arguments and evidence next Thursday…
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Colorado justices grill debt collector about compliance with law
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The Colorado Supreme Court repeatedly pressed a debt collection company last week to explain how its lawsuit against a Boulder woman for an unpaid credit card balance complied with the specific requirements that state lawmakers have created. Portfolio Recovery Associates, LLC filed a complaint to collect on a $671 debt from the credit card account…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
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The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
