due process
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10th Circuit partially revives lawsuit over 2020 Denver protest injuries
The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations. For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that…
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10th Circuit grants Boulder-Weld district’s fire chief immunity for firing union leader
The Denver-based federal appeals court decided on Monday that the chief of a fire protection district spanning Boulder and Weld counties could not be held liable for terminating a union leader through the process outlined in the collective bargaining agreement. A trial judge concluded Chief David Beebe of the Niwot-based Mountain View Fire Protection District…
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Appeals court adopts federal standard for jail deaths under Colorado law
Colorado’s second-highest court decided last month that the standard used by federal courts for assessing whether government officials may be liable for constitutional violations upon the death of a jail detainee also applies to claims made under the Colorado Constitution. A three-judge Court of Appeals panel upheld the dismissal of a lawsuit over the July…
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Federal judges’ responses vary to immigration authorities’ disregard of orders
Colorado’s U.S. District Court judges have responded in recent days to the government’s violations of, or unclear compliance with, their orders in immigration detention cases, resulting in directives to immediately free the petitioners. “I’m just struggling to understand how he was removed from the United States even though (the government acknowledges) he could not be…
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Colorado justices recognize limited right to evidence in postconviction challenges
The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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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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Federal judge partially allows challenge to proceed against Colorado unclaimed property program
A federal judge allowed some claims to proceed last week against Colorado’s treasurer, based upon alleged constitutional violations flowing from the state’s process for reuniting people with their unclaimed property. Previously, U.S. District Court Judge Charlotte N. Sweeney dismissed the lawsuit by plaintiffs David Knellinger and Robert Storey, reasoning that they failed to sufficiently allege…
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Federal judge says ICE cannot impose monitoring conditions beyond immigration judge’s order
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
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
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…