interlocutory appeal
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Federal judge deems Jeffco’s appeal ‘frivolous’ in jail death case
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A federal judge declared Jefferson County’s appeal of his evidentiary decision “frivolous” on Thursday, which enables him to continue handling the civil rights litigation even as an appellate court separately addresses the appeal. The order from U.S. District Court Judge S. Kato Crews came three days after a hearing in which the plaintiffs’ attorney warned…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
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Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument 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 dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Colorado justices overrule appeals court’s incorrect standard for mid-case appeals
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The Colorado Supreme Court on Monday overruled a 7-year-old decision of the state’s second-highest court after a plaintiff, the defendants and even one of the judges who participated in the decision called it incorrect. Typically, appellate courts can only review final judgments that address all of the claims in a civil case. However, Colorado’s procedural…
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Colorado Supreme Court clears way for child abuse trial to proceed
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The Colorado Supreme Court last week dismissed an appeal in a child abuse case out of El Paso County, declining to address the defendant’s claim that prosecutors’ bad-faith delay required the charges to be thrown out under the state’s speedy-trial law. The court originally took interest in Khristina Phillips’ case earlier this year and ordered…
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Colorado Supreme Court accepts Weld County criminal appeal
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The Colorado Supreme Court announced on Tuesday that it will review a criminal case out of Weld County in which the jury instructions used to convict a man differed from the offense prosecutors charged him with. At least three of the court’s seven members must consent to take up an appeal. The justices also signaled…
