el paso county
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Appeals court addresses defendant’s request to get property back 3 years after Supreme Court laid out process
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Almost three years after the Colorado Supreme Court clarified how a convicted defendant may ask law enforcement to hand over his seized property, the state’s second-highest court found an El Paso County judge wrongly denied the man’s request to return certain items. Jurors convicted James Woo in 2018 for the murder of Julie Tureson in Colorado…
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Tri-Lakes Cares gets OK to proceed with land purchase to build new center
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MONUMENT • Monument’s Planning Commission and Town Council both have unanimously approved a reconfiguration of property that Lewis-Palmer School District 38 wants to sell, which gives the go-ahead for a local social services organization to proceed with a bid to acquire 2.8 acres of vacant land to build a new headquarters. “We are currently in…
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Colorado justices side with medical malpractice victim in calculating damages owed
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The Colorado Supreme Court on Monday rejected a doctor’s argument that would have limited the amount of money a patient severely injured at birth would receive for his successful medical malpractice lawsuit two decades later. Under state law, damages in medical malpractice cases are generally capped at $1 million as part of a 1988 reform…
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10th Circuit reinstates constitutional challenge to Colorado ‘doxing’ law
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The Denver-based federal appeals court reinstated a man’s constitutional challenge on Wednesday to a law prohibiting the online dissemination of certain personal identifying information, including the details of police officers, if doing so poses an imminent safety threat. Andrew Thomas Scott is a process server who attempted to deliver a subpoena at the home of…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
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Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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Appeals judge decries inability for defendant to challenge his ‘three-strikes’ sentence
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A member of Colorado’s second-highest court on Thursday registered his discomfort with a defendant’s inability to challenge his lengthy prison sentence that was a product of the state’s “three strikes” law. Obdulio Arvelo is serving 48 years in prison for a 2011 theft-related conviction. The sentence resulted from Arvelo’s designation as a “habitual criminal,” meaning…
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‘Fundamentally unjust’: Colorado federal judge’s commentaries on fairness stand out
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‘This is a judge who has seen a lot and heard a lot and is doing his best to kind of share what he has learned on the job,’ said Prof. Leah Litman
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‘Fundamentally unjust’: Colorado federal judge’s commentaries on fairness stand out
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Two years ago, a federal judge in Colorado dismissed a lawsuit from a man who alleged federal prison guards enlisted another inmate to assault him. His assailant even submitted a statement saying as much. Yet, the plaintiff, who would have had “very strong claims” were he in a state facility, could not sue because of…
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Federal judge dismisses lawsuit by Club Q survivors at parties’ request
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A federal judge last week dismissed a consolidated lawsuit brought by survivors of a Colorado Springs LGBTQ nightclub shooting, but permitted the plaintiffs to re-file certain claims in state court. In November 2022, Anderson Aldrich murdered five people and injured more than two dozen others at Club Q. Aldrich is serving multiple life sentences in prison as…
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Colorado Supreme Court to hear appeals about parenting restrictions, resentencings
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The Colorado Supreme Court announced on Monday that it will decide whether a judge’s reduction in the amount of time a parent spends with their child amounts to the kind of “restriction” that requires a heightened justification. At least three of the court’s seven members must agree to hear a case. The justices also will…
