constitution
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
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Colorado’s chief justice describes threats, invasions of privacy after Trump disqualification decision
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Chief Justice Monica M. Márquez spoke out on Thursday about the threats and invasions of privacy members of the Colorado Supreme Court and their families endured after a high-profile 2023 decision to disqualify now-President Donald Trump from the state’s ballot. “No government official — I don’t care if you’re a legislator, an executive branch official…
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Federal judge advances claim against prison guard for allegedly outing man as ‘snitch’
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A federal judge last week agreed an incarcerated man could sue a prison guard for allegedly putting him in danger and retaliating against him by revealing to other inmates that the plaintiff filed a sexual harassment complaint. The plaintiff, who is incarcerated at the Arkansas Valley Correctional Facility, raised allegations against three prison employees that…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Federal judge to challengers of Colorado’s aid-in-dying law: Is key plaintiff’s death problematic to case?
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A federal judge on Friday asked those challenging a provision of Colorado’s aid-in-dying law to reconsider whether they want to continue litigating, after a key plaintiff died earlier this month. This year, three people alleged Colorado’s assisted suicide law, which voters enacted in 2016, violated multiple constitutional provisions with its requirement that beneficiaries be residents…
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Federal judge dismisses Boulder’s lawsuit against FAA over future municipal airport closure
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A federal judge on Monday dismissed Boulder’s lawsuit against the Federal Aviation Administration, which sought to confirm the city’s position that it is not legally obligated to continue operating Boulder Municipal Airport after 2040. The city sued last year because it believed it did not need the FAA’s approval to discontinue airport operations. Boulder argued…
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‘That’s wrong’: Federal judge finds government unlawfully denied bond hearing to detained noncitizen
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A federal judge concluded on Tuesday that the government had wrongly believed it could detain a noncitizen without holding a bond hearing, thereby violating his right to due process. U.S. District Court Judge Charlotte N. Sweeney reached that determination in the case of Javier Andres Garcia Cortes at the same time a proposed class action…
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Colorado justices issue revised opinion in Robert Ray appeal, addressing life without parole sentence
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The Colorado Supreme Court issued a modified decision last week in the appeal of former death row inmate Robert Keith Ray, addressing and rejecting his arguments about the constitutionality of his life sentence. Arapahoe County jurors convicted Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received a death sentence and remained…
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Federal judge sides with ex-Fort Collins ‘DUI officer’ on constitutional claims
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A federal judge last week concluded Fort Collins’ former “DUI officer” had not committed a constitutional violation in arresting a motorist, notwithstanding the officer’s problematic behavior across other cases. In recent years, several people arrested by Officer Jason Haferman filed suit over their encounters, arguing Haferman wrongly accused motorists of driving under the influence when…
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10th Circuit considers whether parents can pursue relief from Colorado ‘chosen name’ law, policies
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Some members of the Denver-based federal appeals court on Tuesday appeared skeptical of an attempt by two parents to block a Colorado law requiring public schools to use a student’s chosen name, as well as their school district’s corresponding policy intended to support LGBTQ students. At the same time, one judge’s questioning seemed sympathetic to…
