eighth amendment
-
10th Circuit underscores most lawsuits against federal officials are ‘dead’
—
by
The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
-
Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
—
by
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
-
Federal judge says jury not influenced by incarcerated plaintiff’s appearance in shackles
—
by
A federal judge last month rejected an incarcerated plaintiff’s request for a new civil trial in his constitutional rights lawsuit, concluding the jury was not influenced by the man’s appearance in shackles at trial. This summer, Dean Carbajal received a jury trial on his claim that Colorado Department of Corrections employees failed to protect him…
-
10th Circuit underscores high standard for constitutional claims against doctors
—
by
The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
-
Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
—
by
Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…
-
Colorado justices decline to find life sentences unconstitutional for non-triggermen
—
by
A life sentence without parole does not violate the constitutional prohibition on cruel and unusual punishment for defendants who did not kill the victim personally, the Colorado Supreme Court ruled on Monday. Prior to 2021, life without parole was the punishment for those convicted of felony murder. A defendant is guilty of felony murder if…
-
After hearing from Colorado’s justices, 10th Circuit rules defendant cannot challege parole eligibility — yet
—
by
The federal appeals court based in Denver ruled on Monday that a defendant who is serving a potential life sentence for crimes he committed as a 15 year old cannot pursue a constitutional challenge now to any future decision about his parole eligibility. The U.S. Court of Appeals for the 10th Circuit reached its decision…
-
Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
—
by
The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
-
As Colorado Supreme Court weighs life without parole for felony murder, ex-lawmaker casts doubt on state’s argument
—
by
As the Colorado Supreme Court sits down on Monday to decide whether defendants convicted of felony murder prior to 2021 should receive new sentences less severe than life without the possibility of parole, a key legislative change will play a prominent role in the legal analysis. However, according to the lawmaker who led the effort…
-
Appeals court: Defendant’s traumatic brain injury not a basis for finding life sentence unconstitutional
—
by
Despite the state legislature’s recognition that traumatic brain injuries lead to a greater risk of involvement with the criminal justice system, Colorado’s second-highest court on Thursday ruled such injuries do not make a defendant’s life sentence cruel and unusual. Stanley Paul Jurgevich, who is serving life in prison with the possibility of parole for his 1988…