general assembly
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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 justices appear open to striking down harsher municipal sentences
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Members of the Colorado Supreme Court appeared open last week to the idea that municipalities cannot impose harsher sentences under their own ordinances than state law does for identical criminal offenses. In a rare pair of appeals taken directly from municipal court, the justices heard about an unusual twist in the relationship between state and…
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Lawmakers overturn Colorado Supreme Court decision on juvenile competency evaluations
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Colorado lawmakers overturned a recent decision of the state Supreme Court in the final days of the legislative session, clarifying that the government cannot re-evaluate a juvenile defendant’s competency to proceed without a judge’s order. On April 14, the Supreme Court decided People in the Interest of J.D., in which an El Paso County juvenile defendant was deemed…
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Colorado justices, 5-2, rule jury may consider victim’s suicidality in fentanyl distribution case
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The Colorado Supreme Court ruled on Monday that a 2022 state law allows jurors to hear about a victim’s suicidal intentions when determining if a defendant is guilty of selling fentanyl and causing the victim’s death. The justices interpreted for the first time a relatively new law imposing harsher penalties for those who distribute the synthetic opioid…
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Divided Colorado Supreme Court rules government can re-evaluate juvenile defendants without court order
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state may rely upon its evaluation of a juvenile defendant who was previously found not competent to proceed, even though the evaluation happened without a judge’s order. The clarification took on significance because of a 2023 law that enacted protections for juveniles who receive…
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…
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Bill to add 15 judges heads to Colorado governor’s desk
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Legislation to add 15 new judgeships in trial courts across the state is headed to the governor’s desk for signature, as Colorado’s House of Representatives approved the bill on Thursday with no votes in opposition. Senate Bill 24 is the Judicial Department’s top legislative priority, and was originally intended to add 29 new judgeships over…
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Colorado House Judiciary Committee advances bill to add 15 judges
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Colorado’s House Judiciary Committee advanced a bill to establish 15 new judgeships throughout the state by a vote of 9-2 on Tuesday. Senate Bill 24 is the Judicial Department’s top priority this year. As originally proposed, it would have added 26 judge seats in the trial courts and three seats on the Court of Appeals. The numbers…
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Colorado Supreme Court tells Weld County to follow state redistricting law
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Weld County must comply with the state law governing how boards of county commissioners are to draw their districts, and the county needs to adopt new maps by next year’s election, the Colorado Supreme Court ruled on Monday. Following the 2020 census, it was undisputed that Weld County did not follow the procedures for how…