el paso county
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Aggravated robbery charge reinstated after El Paso County judge misunderstood requirements
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Colorado’s second-highest court reinstated an El Paso County defendant’s aggravated robbery charge on Thursday after concluding that a trial judge misunderstood the requirement for a person to be “then and there so armed.” Allegedly, Mark Alan Ambrose walked out of a Circle K store with five cases of Red Bull that he did not pay…
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Appeals court overturns convictions after judge improperly accepted facts as undisputed
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Colorado’s second-highest court reversed a defendant’s convictions and 12-year prison sentence earlier this month after an El Paso County judge did not require prosecutors to prove key facts that were subject to dispute after all. Prosecutors charged Noel Lavertt King Jr. with numerous offenses after he entered the victim’s home and assaulted her. Among the…
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Judge’s error allowing juvenile defendant to be prosecuted as adult cannot be reversed, appeals court says
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Colorado’s second-highest court concluded last month that a judge’s error in allowing a juvenile defendant to be prosecuted as an adult cannot be corrected on appeal because the defendant later pleaded guilty. The case arose under unusual circumstances, after police connected James Edward Papol in 2018 to the 30-year-old unsolved murder of Mary Lynne Vialpando…
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Colorado Supreme Court narrows consumer protection law for insurance claims
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The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
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The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
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The Colorado Supreme Court concluded on Monday that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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Colorado Supreme Court intervenes in 4 ongoing cases
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The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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Newly formed PAC promises a stronger voice for southern Colorado businesses
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A new political action committee has launched in southern Colorado, aiming to strengthen and elevate the voices of local businesses and their regional influence on state-level policy. Over the last two years, the Colorado Legislature has enacted more than 1,000 new laws that have burdened businesses with added costs and excessive regulations, and several more…
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Public figures have limited path to sue over accusations of criminality, says appeals court
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Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…