court of appeals
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Colorado justices say judges can nearly eliminate parenting time without it being a ‘restriction’
The Colorado Supreme Court concluded last month that judges can reduce the number of days a parent spends with their child post-divorce to just above zero without it rising to the level of a “restriction” that requires more rigorous justification under the law. While all members of the court agreed that a judge’s decision to…
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Colorado Springs may be sued for faulty intersection, state Supreme Court rules
The Colorado Supreme Court decided last month that Colorado Springs can be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. The question for the Supreme Court was whether the traffic arrangement provided “conflicting” signals to plaintiff Bernard…
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Internal appeals of parole revocation must come before judicial review, Colorado justices conclude
The Colorado Supreme Court ruled last month that criminal defendants whose parole is revoked must appeal the decision internally to the state’s parole board before seeking review by a judge. The process for returning someone to incarceration for violating the conditions of their parole first entails a hearing by one member of the Colorado State…
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Colorado Supreme Court to decide whether out-of-state defendant may be prosecuted for in-state crime
The Colorado Supreme Court recently announced that it will decide whether Douglas County prosecutors had grounds to pursue criminal charges against a woman in New York whose conduct occurred outside of Colorado. Erin Brennan and her children lived in New York, and her ex-husband moved to Colorado after their divorce. In 2022, she proposed a…
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Legislature overrules state Supreme Court decisions, federal judges contend with violations of orders | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The Colorado legislature overruled two recent state Supreme Court decisions in this year’s session, plus federal judges are addressing the government’s violations of their orders in immigration detention cases. Supreme Court news • By 5-2, the Colorado Supreme Court agreed that…
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Appeals court reinstates murder case despite ex-DA Linda Stanley’s conduct
Colorado’s second-highest court reinstated the murder and child abuse charges on Thursday against a Fremont County defendant, reasoning that the former district attorney’s misconduct did not warrant dismissal of the charges. A judge previously dismissed the criminal case against defendant William Jacobs after former elected District Attorney Linda Stanley spoke in derogatory terms about Jacobs…
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Colorado Supreme Court to evaluate test for alimony after remarriage
The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Retired Colorado appeals judge speaks about civic advocacy, SCOTUS
Retired state Court of Appeals Judge Russell Carparelli offered mild critiques of the U.S. Supreme Court earlier this month as he spoke about the rule of law, and urged lawyers to “get in the game” by advocating in the political arena. “I stayed out of politics completely. I never even signed up with one of…
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Aggravated robbery charge reinstated after El Paso County judge misunderstood requirements
Colorado’s second-highest court reinstated an El Paso County defendant’s aggravated robbery charge on Thursday after concluding that a trial judge misunderstood the requirement for a person to be “then and there so armed.” Allegedly, Mark Alan Ambrose walked out of a Circle K store with five cases of Red Bull that he did not pay…
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Appeals court revives disability discrimination claim against Colorado attorney regulators
Colorado’s second-highest court reinstated a lawyer’s discrimination claim earlier this month against Colorado’s attorney regulation office, based upon its alleged failure to accommodate his disability during the bar exam. Michael Ozborn, a University of Denver law graduate, sued the Office of Attorney Regulation Counsel in June 2024. He alleged that he had multiple diagnoses that…