due process
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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…
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Defendant’s ‘train wreck’ of a statement prompts appeals court to order new trial
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Colorado’s second-highest court ordered a new trial on Thursday for a defendant whose 16-minute statement mid-trial, which had no basis in criminal procedure and was described by one judge as a “train wreck,” resulted in a constitutionally unfair proceeding. Jefferson County prosecutors charged Riddick Amoako-Asiamah with large-scale marijuana cultivation or distribution based on the substantial amount…
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Federal judge weighs release of detained man tortured in home country
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A federal judge on Friday considered whether to release a man in custody who suffered torture at the hands of government authorities in his home country and who remains detained, even after prevailing on multiple occasions in recent immigration proceedings. Exactly two years ago, the Denver-based federal appeals court concluded an immigration judge’s decision to…
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. Generally, what someone says during the course of judicial proceedings has…
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Denver judge made custody decision without notice to father, appeals court finds
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Colorado’s second-highest court overturned a Denver judge’s custody order on Thursday after finding the children’s father received no notice the judge actually intended to take testimony and make a decision at an advertised “status conference.” The grandmother of two children filed a custody petition in November 2023 after the death of her daughter — the children’s…
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Ex-Lochbuie officer’s rights not violated with disclosure of misconduct finding, appeals court rules
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Colorado’s second-highest court concluded last month that a former law enforcement officer cannot sue his employer under one police accountability law for reporting its misconduct finding to another agency, as required under a different police accountability law. Officer Michael Oliveira sued leaders of the Lochbuie Police Department under Senate Bill 217, also known as the Enhance Law…
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Federal judge IDs flaw with Tina Peters’ request for release
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A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
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Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
