court of appeals
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Development fees not limited to brand new construction, Colorado court rules
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Colorado’s second-highest court ruled last month that local governments’ ability to impose fees on “new development” is not limited solely to construction projects that occur on empty land. Under state law, local governments that issue development permits are empowered to impose an impact fee that reflects governmental spending on “capital facilities needed to serve new…
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Colorado justices consider whether fraud claims belong in corporate dispute
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The Colorado Supreme Court considered on Tuesday whether it is possible for a corporate plaintiff to pursue fraud claims over conduct that could be covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty,…
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Couple’s notarized agreement did not create common law marriage, appeals court says
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A Garfield County couple’s signed, notarized document attesting to their common law marriage does not mean they were actually married, Colorado’s second-highest court ruled last week. In contrast to a formal, licensed marriage, Colorado recognizes common law marriages between two people who mutually agree to enter into a marriage and then engage in conduct reflecting…
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Colorado justices skeptical of defendant’s challenge to flawed jury instruction
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Members of the Colorado Supreme Court appeared willing to uphold a defendant’s vehicular eluding conviction on Tuesday, suggesting that an incorrectly worded jury instruction was not an obvious and harmful error in light of the defense’s choice not to dispute the evidence. A Denver jury convicted Jeffery Sloan of killing Yasir Hasan and Mark Karla by running…
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Judge’s error allowing juvenile defendant to be prosecuted as adult cannot be reversed, appeals court says
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Colorado’s second-highest court concluded last month that a judge’s error in allowing a juvenile defendant to be prosecuted as an adult cannot be corrected on appeal because the defendant later pleaded guilty. The case arose under unusual circumstances, after police connected James Edward Papol in 2018 to the 30-year-old unsolved murder of Mary Lynne Vialpando…
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
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The Colorado Supreme Court declined to say on Monday whether a man’s conviction for an attempted child prostitution offense violated his rights under the state constitution, and only concluded that the absence of an obvious error meant his conviction should remain intact. An El Paso County jury convicted Javier Vega Dominguez of two attempted child…
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State Supreme Court to hold oral arguments, lawyers attend annual apellate event | 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 is holding oral arguments this week, plus lawyers and judges came together for the annual appellate conference to trade tips and hear about updates from the courts. Colorado Supreme Court news • The Supreme Court will hear…
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Judge tearing up during victim’s testimony does not warrant new trial, appeals court says
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Colorado’s second-highest court concluded on Thursday that an Arapahoe County judge’s visible display of emotion during a child victim’s testimony should not trigger a new trial for the defendant. A three-judge Court of Appeals panel found that defendant Philip Morgan had failed to show how the reaction by District Court Judge Ryan Stuart during trial…
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Arapahoe County defendant serving life could receive new trial after lawyer withheld key details
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An Arapahoe County defendant who is serving a life sentence for a 20-year-old murder could receive a new trial because his lawyer withheld key details that affected his decision to decline a plea deal, Colorado’s second-highest court ruled last week. There was no dispute that Michael Evans did not shoot the victim during an October…
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SCOTUS decision on ‘3 strikes’ sentences does not benefit defendants with older convictions, appeals court says
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A recent U.S. Supreme Court decision affecting how defendants are sentenced under Colorado’s “three strikes” law does not benefit people whose convictions have long been final, the state’s second-highest court ruled on Thursday. For many years, Colorado’s Habitual Criminal Act required judges to impose three or four times the maximum sentence if a defendant was convicted of…