due process
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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…
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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…
