constitution
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
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A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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Federal judge partially allows challenge to proceed against Colorado unclaimed property program
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A federal judge allowed some claims to proceed last week against Colorado’s treasurer, based upon alleged constitutional violations flowing from the state’s process for reuniting people with their unclaimed property. Previously, U.S. District Court Judge Charlotte N. Sweeney dismissed the lawsuit by plaintiffs David Knellinger and Robert Storey, reasoning that they failed to sufficiently allege…
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Federal judge allows some claims to proceed over denial of cancer meds in El Paso County jail
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A federal judge allowed claims to proceed last week against some medical and sheriff’s office employees at the El Paso County jail over their alleged failure to ensure a detainee received his cancer medication during four months of incarceration. Stuart Patrick McLaney was in the county jail between March-July 2023. He has chronic myeloid leukemia,…
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
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The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
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Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
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Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado Supreme Court to review child custody decision
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The Colorado Supreme Court announced on Monday that it will review whether the state’s second-highest court described the correct framework for deciding whether to terminate a parent’s legal rights over a child. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one vacancy that will…
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Federal judge green-lights excessive force trial against Fort Collins officers
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A federal judge concluded last week that a jury will need to resolve whether two Fort Collins police officers violated a man’s constitutional rights by using excessive force after he refused to accept a citation. In a Jan. 21 order, U.S. District Court Judge Charlotte N. Sweeney analyzed the severity of plaintiff Andru Kulas’ alleged…
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Elizabeth School District dismisses challenge to book-ban injunction on eve of appellate arguments
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An Elbert County school district has dismissed its challenge to a judge’s injunction ordering it to return banned books to library shelves, days before the Denver-based federal appeals court was set to hear oral arguments this week. Although a three-judge panel of the U.S. Court of Appeals for the 10th Circuit formally dismissed the case…
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
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The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…