due process
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Federal judge says ICE cannot impose monitoring conditions beyond immigration judge’s order
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A federal judge told U.S. Immigration and Customs Enforcement on Thursday that it cannot impose additional restrictions or monitoring conditions beyond those ordered by an immigration judge when releasing a person on bond. In November, U.S. District Court Judge Gordon P. Gallagher found that the government violated the rights of Khristyne Batz Barreno by keeping…
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Judge warns against expansive use of post-9/11 rule in immigration detentions
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A federal judge concluded on Monday that the government applied a 9/11-era regulation to a man in immigration detention in violation of his constitutional rights, in seemingly the first decision out of Colorado addressing the increased use of the “automatic stay” to block release on bond. In a Jan. 12 order, U.S. Magistrate Judge Susan…
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Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
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Colorado’s second-highest court concluded on Wednesday that defendants cannot challenge whether the evidence was sufficient to sustain their convictions if their lawyer argues to the jury that it should find the defendant guilty. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may intentionally concede their client’s guilt. In…
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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…
