constitution
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Federal judge says ICE cannot impose monitoring conditions beyond immigration judge’s order
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A federal judge told U.S. Immigration and Customs Enforcement on Thursday that it cannot impose additional restrictions or monitoring conditions beyond those ordered by an immigration judge when releasing a person on bond. In November, U.S. District Court Judge Gordon P. Gallagher found that the government violated the rights of Khristyne Batz Barreno by keeping…
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Colorado justices weigh constitutionality of student backpack search based on confidential tip
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The Colorado Supreme Court considered on Wednesday whether a tip submitted through the state’s confidential school safety system provided a Douglas County administrator with reasonable suspicion to search a student’s backpack for drugs. A trial judge blocked evidence from the search from being used against the child, prompting the district attorney’s office to appeal directly…
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10th Circuit rebuffs Jeffco’s attempt to expand immunity footprint
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The Denver-based federal appeals court confirmed on Wednesday that it would not treat a judge’s decision to move a civil case forward as the automatic equivalent of denying immunity to governmental officials. The order from the U.S. Court of Appeals for the 10th Circuit came one month after a trial judge deemed Jefferson County’s appeal…
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Judge warns against expansive use of post-9/11 rule in immigration detentions
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A federal judge concluded on Monday that the government applied a 9/11-era regulation to a man in immigration detention in violation of his constitutional rights, in seemingly the first decision out of Colorado addressing the increased use of the “automatic stay” to block release on bond. In a Jan. 12 order, U.S. Magistrate Judge Susan…
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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Federal judge declines to dismiss claims against prison officials for seizure-related death
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A federal judge declined last month to dismiss the claims against numerous prison employees for a man’s in-custody death following several seizures and his repeated ingestion of liquified pain-numbing medication. The mother and minor children of Victor Esquivel sued the state’s corrections director, prison supervisors, corrections officers, medical employees and a medical staffing firm after…
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Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
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A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
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Colorado justices splinter over approach to sentencing review
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Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
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Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
