constitution
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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…
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Federal judge rejects DPS’ attempt to obtain 9News sourcing documents in First Amendment case
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A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation. At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a…
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Federal judge declines to order Denver to let police critic apply for review board
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A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…
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Federal judge deems Jeffco’s appeal ‘frivolous’ in jail death case
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A federal judge declared Jefferson County’s appeal of his evidentiary decision “frivolous” on Thursday, which enables him to continue handling the civil rights litigation even as an appellate court separately addresses the appeal. The order from U.S. District Court Judge S. Kato Crews came three days after a hearing in which the plaintiffs’ attorney warned…
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Federal judge dismisses claim against Colorado health department leaders over gas stove law
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A federal judge last week dismissed the constitutional claim against leaders of the Colorado Department of Public Health and Environment over a 2025 law requiring health disclosures on new gas-fueled stoves. In June, Gov. Jared Polis signed House Bill 1161 into law, which requires retailers of gas stoves to affix a “yellow adhesive label” that…
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10th Circuit rules Greeley officer unconstitutionally detained man standing outside home
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The Denver-based federal appeals court concluded last week that a Greeley police officer lacked reasonable suspicion to detain a man who was standing outside the door of a residence and not engaging in any indicators of criminal activity. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that the U.S.…
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‘Utterly no precedent’: Federal judge expresses concerns about Jeffco’s early appeal in jail death case
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A federal judge shared his concerns on Monday about Jefferson County’s appeal of a routine procedural order in a constitutional rights case, which the plaintiffs argued could spawn appeal-related delays in countless lawsuits against the government. During a hearing, U.S. District Court Judge S. Kato Crews noted he could find no decisions backing up the…
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Federal judge blocks Colorado law requiring social media platforms to provide warnings to children
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A federal judge on Thursday blocked Colorado from implementing a requirement that social media companies notify users younger than 18 of the effects to their mental and physical health from using the platforms. Lawmakers enacted House Bill 1136 by wide margins in 2024, with a goal of providing “research-based education and interventions” about minors’ use…
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10th Circuit finds Denver officers unconstitutionally searched man
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The Colorado-based federal appeals court concluded last week that Denver officers lacked reasonable suspicion when they detained a group of people who happened to park on a public street near a vehicle used by a shooter 12 hours prior and several miles away. Prosecutors indicted one member of the group, Noah Huerta, for being a…
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Appeals court orders new trial after Denver judge wrongly let defendant represent self
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A Denver judge incorrectly found that a defendant understood what he was doing by giving up his constitutional right to counsel, Colorado’s second-highest court concluded on Thursday in overturning the man’s assault convictions. Criminal defendants are allowed to represent themselves at trial by waiving their right to counsel. However, such a waiver must be “voluntary,…
