el paso county
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Federal judge begrudgingly dismisses Club Q survivors’ claims against El Paso County, ex-sheriff
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A federal judge vented his frustration on Monday with El Paso County leaders, criticizing their lackluster approach to a key gun safety law while acknowledging he was obligated to dismiss the claims against them brought by survivors of an LGBTQ nightclub shooting. “Plaintiffs can take some slim solace in the fact that, while the individual county…
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Federal judge ‘reluctantly’ dismisses claim by Club Q survivors against property owners
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A federal judge agreed last week that a recent change to Colorado law barred him from allowing the survivors of an LGBTQ nightclub shooting to hold the property owners liable for safety deficiencies that allegedly contributed to the massacre. At the same time, U.S. District Court Senior Judge William J. Martínez slammed the legislature’s 2022 amendment…
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Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
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The Colorado Supreme Court on Monday concluded a father was not automatically entitled to a child neglect jury trial after his first proceeding in El Paso County was overturned, and instead faulted the man for failing to reiterate his demand for a jury trial. For parents involved in child welfare cases, Colorado lawmakers have given them…
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Appeals court orders new trial after jury instruction ‘drastically misdescribed’ offense
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Colorado’s second-highest court on Wednesday ordered a new trial for a man convicted of failing to register as a sex offender, concluding the jury instruction did not correctly describe what was required to find him guilty. El Paso County jurors convicted Clyde Douglas Phillips in 2023 of failing to register as a sex offender and he…
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Defense lawyer’s sarcasm did not indicate ineffective assistance, appeals court says
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Colorado’s second-highest court last month rejected a defendant’s argument that his trial lawyer had essentially told jurors he was guilty, when it instead appeared the lawyer was speaking sarcastically. El Paso County prosecutors charged David Donis in 2007 with numerous criminal offenses, including kidnapping, burglary and assault. Jurors convicted him and Donis is serving life…
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10th Circuit denies full-court review of trans detainee’s appeal; some GOP appointees dissent
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The members of the Denver-based federal appeals court rejected El Paso County’s request on Tuesday for full-court review of a recent decision reinstating the constitutional rights lawsuit of a transgender detainee. In February, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Darlene Griffith had credibly alleged then-Sheriff Bill Elder’s housing and…
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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El Paso County judge wrongly dismissed case after victim failed to show, appeals court rules
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An El Paso County judge incorrectly dismissed a domestic violence case after the alleged victim did not appear on the morning of trial, when she should have instead granted the prosecution’s request to issue a warrant, Colorado’s second-highest court ruled last week. Under the rules of criminal procedure, a judge “shall issue” a warrant for…
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Despite 2020 change, Colorado justices rule positive drug test alone can lead to child neglect finding
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A divided Colorado Supreme Court ruled on Tuesday that a newborn’s positive drug test by itself can lead to a finding of child neglect, even though legislators amended the law five years ago to eliminate that trigger. The legal debate centered on the wording lawmakers chose to replace the previous understanding that a child is neglected when…
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Colorado Supreme Court ponders when negative online reviews are insulated from lawsuits
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Members of the Colorado Supreme Court considered last week whether a person’s vindictive motivations in posting a negative online review can nevertheless relate to a matter of public interest, and potentially shield the commentary from a defamation lawsuit. For the first time, the state’s highest court examined Colorado’s 2019 “anti-SLAPP” law, which stands for “strategic…