constitution
-
Appeals court overturns assault conviction due to Arapahoe County prosecutor’s misconduct
—
by
Colorado’s second-highest court ordered a new trial on Thursday after concluding an Arapahoe County prosecutor’s improper commentary about a defendant’s constitutional right to silence undermined the fairness of his trial. A three-judge Court of Appeals panel acknowledged it was fair game for the prosecution to cross-examine defendant Dominic Jorge Martinez about inconsistencies between his trial…
-
Federal judge dismisses lawsuit against Olympic SafeSport over misconduct-related restrictions
—
by
A federal judge last month dismissed a lawsuit against the Colorado-based U.S. Center for SafeSport, brought by a Florida businessman who disputed the center’s ability to impose misconduct-related restrictions on him. Derek Strine owns an equestrian event facility that is used for developing horses into Olympic competitors. He is a member of the U.S. Equestrian…
-
Federal judge finds fire chief violated due process rights of ex-employee in Boulder-Weld district
—
by
A federal judge concluded last week that the chief of a fire protection district spanning Boulder and Weld counties violated the constitutional rights of an employee by terminating him through a process that lacked sufficient procedural protections. However, U.S. District Court Chief Judge Philip A. Brimmer also determined plaintiff Benjamin Carter could not prevail on…
-
Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
—
by
A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
-
Federal judge advances religious freedom claims of incarcerated amputee
—
by
A federal judge concluded last month that a Muslim man serving a life sentence at Colorado’s “supermax” prison may proceed with his claims that the government is violating his right to religious exercise by failing to install a water stream he can use to clean himself before praying. Mostafa Kamel Mostafa, also known as Abu…
-
Appeals court reluctantly finds last-minute release of evidence by judge, prosecutor justified extension of trial deadline
—
by
Colorado’s second-highest court on Thursday declined to find a defendant’s right to a speedy trial was violated, even as the appellate judges were disturbed that an Arapahoe County judge and prosecutor waited until the last minute to release 31,000 pieces of evidence to the defense. As part of the constitutional guarantee of a speedy trial,…
-
‘A model example’: 10th Circuit OK’s Colorado’s non-discrimination requirement for universal pre-K
—
by
The Denver-based federal appeals court ruled on Tuesday that Colorado’s universal pre-kindergarten program does not violate the rights of religious preschool operators by requiring participating organizations to refrain from discriminating on the basis of sexual orientation and gender identity, among other characteristics. Two Catholic institutions, St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in…
-
Colorado justices, 5-2, conclude prior version of ‘3 strikes’ law satisfied Constitution
—
by
The state’s highest court ruled on Monday that the version of Colorado’s “three strikes” law that was in effect before this year was constitutionally compliant, notwithstanding a recent U.S. Supreme Court decision that prompted the legislature to change how defendants are sentenced. Known as the Habitual Criminal Act, Colorado’s law requires judges to impose three or…
-
Federal judge dismisses challenge to prison policy forbidding assistance with certain legal claims
—
by
A federal judge on Friday dismissed a formerly incarcerated man’s challenge to Colorado’s prison policy that forbids the use of library resources for the pursuit of certain claims generally deemed frivolous. Robert Wayne Robinson sued the law librarian at the Buena Vista Correctional Facility and the former director of the Colorado Department of Corrections. He…
-
Appeals court finds Wheat Ridge officer lacked probable cause to arrest defendant
—
by
Colorado’s second-highest court on Thursday concluded a Wheat Ridge officer lacked probable cause to arrest a man because the information suggesting criminal activity was too minimal to act upon. Corporal Jeremy Schmitz was patrolling a truck stop off of Interstate 70 when he encountered a Toyota 4Runner that a database identified as stolen. The vehicle…
