constitution
-
Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
—
by
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
-
County voters cannot pursue referendum on land-use change, appeals court says
—
by
Colorado’s second-highest court told a collection of Delta County voters on Thursday that they cannot file a referendum to repeal a zoning change, as the state constitution does not allow it. After Delta County’s commissioners adopted a resolution updating the land-use code in 2024, a group of landowners tried three times to file a referendum…
-
Federal judge dismisses bulk of claims against UCCS, employees over instructor’s alleged predatory behavior
—
by
A federal judge on Monday dismissed several claims by a former University of Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her. Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at…
-
Colorado justices may address whether defendants have right to review evidence when challenging convictions
—
by
The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
-
Judge dismisses constitutional claim against detective despite ‘eyebrow-raising’ investigation into motel
—
by
A federal judge on Friday dismissed a Greenwood Village motel operator’s constitutional rights claim against a detective who allegedly singled out the establishment for a criminal investigation based on its willingness to house people with disabilities long-term. Zarrin Hospitality Group, Inc. is the operator of a Motel 6 at 9201 E. Arapahoe Road. Its owner…
-
Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
—
by
Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
-
Appeals court overturns Adams County drug convictions due to unconstitutional police conduct
—
by
Colorado’s second-highest court overturned a man’s drug convictions and 25-year prison sentence on Thursday after concluding two Northglenn police officers unconstitutionally transformed a traffic stop into a drug investigation without reasonable suspicion of a crime. Clifton E. McRae, who was originally stopped for making an illegal turn, repeatedly declined to consent to a search of…
-
Federal judge orders release hearing for torture victim in ‘abhorrent’ immigration custody
—
by
A federal judge on Friday found a “real risk” that the government would try to unlawfully deport a man who was tortured in his home country, and ordered a hearing to determine if he should be released from immigration custody while his case proceeds. Two years ago, the Denver-based federal appeals court concluded an immigration…
-
Federal judge dismisses challenge to Jeffco overnight field trip policy’s reliance on gender identity
—
by
A federal judge on Thursday dismissed a constitutional challenge to the overnight field trip policy of Jeffco Public Schools, filed by multiple families who objected to rooming assignments based on students’ gender identities as opposed to their sex assigned at birth. U.S. District Court Judge Regina M. Rodriguez concluded the 14th Amendment’s protection of a…
-
Federal judge dismisses lawsuit by Club Q survivors at parties’ request
—
by
A federal judge last week dismissed a consolidated lawsuit brought by survivors of a Colorado Springs LGBTQ nightclub shooting, but permitted the plaintiffs to re-file certain claims in state court. In November 2022, Anderson Aldrich murdered five people and injured more than two dozen others at Club Q. Aldrich is serving multiple life sentences in prison as…
