court of appeals
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Colorado’s incoming chief appeals judge lays out agenda | APPELLATE UPDATE
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The incoming chief judge of Colorado’s Court of Appeals told lawyers on Friday that his goals for his four-year term include figuring out why criminal cases are taking nearly 1.5 years on average to reach appellate judges’ desks. “Criminal briefing is one of my biggest focuses, to be blunt,” said Judge Ted C. Tow III.…
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Colorado appeals judges give tutorial on friend-of-the-court briefs | APPELLATE UPDATE
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Two members of the Colorado Supreme Court and Court of Appeals described to attorneys on Friday how and when to submit advocacy briefs from outside entities — and the tactics that turn off the judges who read them. “I get that there are certain advocacy groups on particular sides. I can pick up a particular…
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Divided appeals court finds no prosecutorial misconduct in prison assault case
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Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Boulder County prosecutor improperly used defendant’s silence as guilt, appeals court finds
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Colorado’s second-highest court reversed a Boulder County defendant’s sexual assault conviction last week after concluding that a trial judge should have intervened to stop the prosecutor from inappropriately using the man’s constitutional right to silence to suggest he was guilty. Prosecutors charged Charles G. Higdon III with two counts of sexual assault. Jurors acquitted him…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Judge’s students create AI apps, solicitors general gather for group discussion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A federal judge’s law students created artificial intelligence-powered apps to address access-to-justice issues, plus half a dozen current and former solicitors general of Colorado spoke about the unique role. State Supreme Court news • The Colorado Supreme Court decided that lifetime…
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Colorado Supreme Court narrows consumer protection law for insurance claims
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The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Car rental companies are not ‘insurers,’ Colorado Supreme Court rules
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The Colorado Supreme Court decided on Monday that car rental companies offering insurance policies are not also “insurers” under state law, who may be sued for their failure to pay out benefits on claims. By 4-3, the justices further concluded that Hertz Corp. was not a “de facto” insurer simply because it was heavily involved…
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
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The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Colorado Supreme Court oral arguments, chief appeals judge to retire | 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 held oral arguments in multiple cases and traveled to the Eastern Plains to visit with students, plus the chief judge of the Court of Appeals is retiring. Supreme Court news • The Colorado Supreme Court decided a…