court of appeals
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Divided appeals court orders insurance company to pay $35,600 for delayed disclosure of policy
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Colorado’s second-highest court concluded on Thursday that an insurance company violated state law when it refused to disclose an automobile policy to an injured motorist for nearly one year after she requested it. By 2-1, a three-judge Court of Appeals panel held that Esurance Property & Casualty Insurance Company had an obligation to hand over…
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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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Judicial agencies appear for oversight hearings, judge warns government about rejected arguments | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Leaders of various judicial-related agencies appeared for oversight hearings in front of state lawmakers, plus a federal judge is cautioning the government about repeatedly raising arguments she has rejected in immigration detention cases. Heard on appeal • The Colorado Supreme Court…
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Colorado justices find portion of anti-SLAPP law unconstitutional
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The Colorado Supreme Court ruled on Monday that a 2019 law designed to protect the exercise of First Amendment rights conflicts with the state constitution in certain scenarios involving appeals from county courts. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided a mechanism for quickly disposing of litigation…
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
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A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Appeals court overturns convictions after Douglas County judge let biased juror serve
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Colorado’s second-highest court reversed a defendant’s robbery-related convictions and 18-year prison sentence on Thursday because a Douglas County judge allowed a biased juror to serve. During Ahmarion Kaliel Shead’s trial in January 2023, one juror, identified as “J.H.,” indicated on his questionnaire that he was “pro-law enforcement.” J.H. also disclosed that a relative worked for…
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Colorado Supreme Court to address child’s CCTV testimony
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The Colorado Supreme Court announced on Monday that it will review the impact of a victim’s closed-circuit testimony on the prosecution of a juvenile defendant. At least three of the court’s seven members must agree to hear an appeal. There is currently one vacancy, which will be filled next month. The justices also signaled they…
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10th Circuit to hold all-judges hearing, judicial committee turns down ‘civility code’ | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The Denver-based federal appeals court agreed to hold a rare all-judges hearing in a criminal case, plus a state Supreme Court committee overwhelmingly rejected a proposal for an enforceable “civility code.” Heard on appeal • The Colorado Supreme Court seemed reluctant…
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Divided Colorado Supreme Court curtails use of laced-substances defense
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The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…
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Colorado justices say utilities commission overreached by immunizing Xcel in rate document
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Xcel Energy cannot rely upon a rate-setting document to broadly immunize itself from liability against electrocutions, the Colorado Supreme Court ruled on Monday. The justices originally heard the electrocution-related lawsuit from Francisco Cuevas to decide whether Xcel’s tariff, which sets the rates and terms of service for its customers, shielded the utility from liability when…
