court of appeals
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Colorado Supreme Court concerned about police overreach in interrogations
Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
In 2006, the Colorado Supreme Court ruled that leaving the scene of an accident resulting in serious injury is a “strict liability” offense, meaning a person is guilty solely through their conduct, without the need for prosecutors to prove the defendant’s mental state. Now, 20 years later, one defendant is asking the Supreme Court to…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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Appeals court finds Prowers County judge incorrectly analyzed firetruck collision lawsuit
Colorado’s second-highest court directed a Prowers County judge last month to take a second look at whether a firetruck operator and the county itself can be held liable for a collision with a motorist. Donald Williamson was driving through a green light in Lamar when he crashed into a firetruck operated by John Owens Jr.…
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Appeals court reverses assault convictions after jury received no definition of ‘harm’
Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
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Colorado counties cannot challenge state law restricting immigration contracts, appeals court says
Colorado’s second-highest court ruled on Thursday that counties lack standing to challenge a 2023 state law that restricts their ability to contract with the federal government or private entities for immigration detention. A three-judge Court of Appeals panel agreed with a trial judge that the Colorado Constitution provides the legislature with broad power to enact…
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Colorado justices confirm lawyers may ‘borrow’ allegations from elsewhere
The Colorado Supreme Court ruled on Monday that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to…