due process
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Judge orders noncitizen released from immigration detention, finds government misapplied law
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A federal judge concluded the government was likely wrong to detain a noncitizen without the chance for a release hearing, and ordered him to be let out of immigration custody on Friday. At the same time, U.S. District Court Judge Regina M. Rodriguez declined to green-light Nestor Esai Mendoza Gutierrez’s request to turn his lawsuit…
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Federal judge finds fire chief violated due process rights of ex-employee in Boulder-Weld district
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A federal judge concluded last week that the chief of a fire protection district spanning Boulder and Weld counties violated the constitutional rights of an employee by terminating him through a process that lacked sufficient procedural protections. However, U.S. District Court Chief Judge Philip A. Brimmer also determined plaintiff Benjamin Carter could not prevail on…
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Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
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A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
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Federal judge dismisses claim of falsified testimony against El Paso County coroner employee
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A federal judge on Tuesday dismissed a lawsuit from a man who was tried and acquitted of his girlfriend’s 2021 murder, and who subsequently accused a witness of fabricating evidence to make him seem guilty. Joseph Hunnicutt stood trial twice in El Paso County for the killing of Alison Cantrell. At the first trial in…
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‘That’s wrong’: Federal judge finds government unlawfully denied bond hearing to detained noncitizen
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A federal judge concluded on Tuesday that the government had wrongly believed it could detain a noncitizen without holding a bond hearing, thereby violating his right to due process. U.S. District Court Judge Charlotte N. Sweeney reached that determination in the case of Javier Andres Garcia Cortes at the same time a proposed class action…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Federal judge dismisses bulk of claims against UCCS, employees over instructor’s alleged predatory behavior
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A federal judge on Monday dismissed several claims by a former University of Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her. Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at…
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Colorado justices may address whether defendants have right to review evidence when challenging convictions
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The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
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Federal judge orders release hearing for torture victim in ‘abhorrent’ immigration custody
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A federal judge on Friday found a “real risk” that the government would try to unlawfully deport a man who was tortured in his home country, and ordered a hearing to determine if he should be released from immigration custody while his case proceeds. Two years ago, the Denver-based federal appeals court concluded an immigration…
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Federal judge dismisses some claims in ex-RTD police chief’s discrimination lawsuit
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A federal judge on Wednesday dismissed some of the claims brought by the former police chief of the Regional Transportation District in his employment discrimination lawsuit. Joel Fitzgerald Sr. led RTD’s police department after his August 2022 hiring until his termination in September 2024. Fitzgerald alleged his successes in transforming the department were overshadowed by…
