court of appeals
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Appeals court recognizes longer window to sue insurers for withholding policy details
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Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
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Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
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Appeals court says jury not obligated to apply discounts to determine value of stolen merch
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Colorado’s second-highest court concluded on Thursday that it was up to a Douglas County jury to determine the value of stolen merchandise at a defendant’s theft trial, after both sides presented different estimates of the items’ value. Under state law, a theft offense hinges on the market value of the stolen goods. Anything below $2,000…
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Public figures have limited path to sue over accusations of criminality, says appeals court
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Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
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The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Error-prone Douglas County judge triggers another reversal of criminal convictions
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Colorado’s second-highest court overturned a defendant’s Douglas County convictions on Thursday due to the error of a judge whose actions have triggered a disproportionate number of reversals to convictions and sentences in recent years. Since 2021, the Court of Appeals has found problems in multiple criminal cases handled by former District Court Judge Patricia Herron.…
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Colorado justices speak about inner workings of court, analysis of appellate opinions | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Members of the state Supreme Court provided an inside look at the workings of their institution, and a Colorado Politics analysis found that some appellate judges are producing many more precedent-setting opinions than their colleagues. Colorado Supreme Court update • By…
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Appeals court finds no requirement for different judge to handle attorney-client conflict hearings
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Colorado’s second-highest court rejected a defendant’s argument on Thursday that a judge improperly heard about a potential conflict between himself and his lawyer right before sentencing, and the man’s reaction could have “tainted” the sentencing decision. In September 2023, Anthony Palermo pleaded guilty in Huerfano County to harassment and assault. Before his sentencing hearing, Palermo…
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The influencers? Some Colorado appeals judges outpace colleagues in setting legal precedent
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A handful of judges on Colorado’s second-highest court are producing substantially more precedent-setting opinions than their colleagues, which create binding interpretations of the law that reach beyond individual cases. The Court of Appeals issues approximately 1,700 opinions each year. A small number receives state Supreme Court review, but the appellate court is otherwise the final…
