dui
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Federal judge sides with ex-Fort Collins ‘DUI officer’ on constitutional claims
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A federal judge last week concluded Fort Collins’ former “DUI officer” had not committed a constitutional violation in arresting a motorist, notwithstanding the officer’s problematic behavior across other cases. In recent years, several people arrested by Officer Jason Haferman filed suit over their encounters, arguing Haferman wrongly accused motorists of driving under the influence when…
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Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
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The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted how convicted defendants can take advantage of favorable law changes on appeal. At least three of the court’s seven members must agree…
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Appeals judge raises flag about whether insurance companies can collect restitution after traffic convictions
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A member of Colorado’s second-highest court said on Thursday that she was skeptical insurance companies are entitled to collect crime victim restitution from defendants convicted of misdemeanor traffic offenses, but lawmakers had not provided clear direction one way or the other. A three-judge panel for the Court of Appeals agreed the evidence did not render…
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Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
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The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
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Colorado Supreme Court tosses Boulder DA’s appeal for failure to follow procedure
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Although the Colorado Supreme Court indicated earlier this year that it might intervene in an ongoing Boulder County prosecution implicating a key 2020 police reform law, the justices reversed course last week after realizing the district attorney’s office neglected to follow the correct appellate procedure. Originally, the prosecution sought the Supreme Court’s immediate guidance on…
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Second federal judge refuses to dismiss lawsuit against Fort Collins for officer’s wrongful DUI arrests
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A second federal judge on Tuesday refused to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Carl Sever is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI officer” for…
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Colorado Supreme Court to hear medical malpractice appeal, signals interest in DUI case
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The Colorado Supreme Court announced on Monday it will review whether the longstanding provision in state law generally capping medical malpractice awards to plaintiffs also applies to the interest accrued from the time of the plaintiff’s injury, without exception. At least three of the court’s seven members must agree to hear a case on appeal.…
