court of appeals
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Colorado justices wary of expanding rezoning by ballot initiative
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The Colorado Supreme Court appeared wary on Wednesday of allowing rezonings of planned-unit developments to occur through a vote at the ballot box, rather than a municipality’s detailed review process that accounts for specific factors. In contrast to traditional, or “Euclidean,” zoning that separates land uses by type, planned-unit developments are based on negotiated agreements on…
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In Tina Peters appeal, judges telegraph some degree of reversal | ANALYSIS
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Former Mesa County clerk Tina Peters seems poised to walk away from the state’s Court of Appeals with her criminal convictions largely intact, even as a three-judge appellate panel raised concerns about her sentence and one specific conviction. Peters, a Republican who served one term following her 2018 election, is serving a roughly nine-year prison…
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In rare move, evenly divided Colorado Supreme Court issues no opinion on child welfare case
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The Colorado Supreme Court, in an extraordinary move, could not reach agreement on Monday about whether a child’s legal representative has the authority to file a motion to terminate parental rights in a child welfare proceeding. The 3-3 vote was a product of Justice Melissa Hart’s announced departure from the court in mid-December. She cited…
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State Supreme Court oral arguments, discipline case resolved | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will hear oral arguments this week, plus disciplinary authorities resolved the misconduct case against a San Miguel County judge. At the Supreme Court • The Colorado Supreme Court has four cases on its docket this Wednesday. They…
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Appeals court orders new child abuse trial due to improper evidence of prior mistreatment
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Colorado’s second-highest court overturned a Montezuma County defendant’s child abuse conviction last month, concluding evidence of prior mistreatment was too dissimilar to the alleged conduct that formed the basis of the criminal charges. Garland Kay Malcolm received a 32-year prison sentence after jurors convicted her in 2023 for the severe injuries to a 6-year-old boy…
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State Supreme Court vacancy opens, year in review | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The application period is now open for the first state Supreme Court vacancy in five years, plus Colorado Politics looked back on the significant judicial developments from 2025. At the Supreme Court • The Colorado Supreme Court halted the practice of…
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Appeals judge believes children’s representatives may challenge certain parental rights decisions
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A member of Colorado’s second-highest court argued on Wednesday that, despite a recent state Supreme Court ruling prohibiting anyone other than the government from pursuing child-welfare cases, a child’s legal representative may still appeal certain decisions. By 2-1, a three-judge Court of Appeals panel decided it could not review a trial judge’s decision out of…
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Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
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Colorado’s second-highest court concluded on Wednesday that defendants cannot challenge whether the evidence was sufficient to sustain their convictions if their lawyer argues to the jury that it should find the defendant guilty. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may intentionally concede their client’s guilt. In…
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Appeals court orders new menacing trial after faulty self-defense instruction
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Colorado’s second-highest court ordered a new trial last week for an El Paso County defendant convicted of felony menacing, concluding an erroneous self-defense instruction may have influenced the verdict. Under Colorado law, self-defense is an affirmative defense, meaning the prosecution must disprove at least one component in addition to proving the underlying offense. Judges are…
