judge christina gomez
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Appeals court overturns $850K+ in sanctions Douglas County judge imposed without explanation
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Colorado’s second-highest court on Thursday reversed a Douglas County judge’s decision to impose more than $850,000 in sanctions on a pair of plaintiffs and their lawyer without explaining why the amount was justified. A three-judge Court of Appeals panel noted there are multiple legal tools available for imposing sanctions for a lawyer or litigant’s conduct.…
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Adams County assault conviction overturned for improper testimony
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Colorado’s second-highest court overturned a man’s assault conviction and seven-year prison sentence last week, concluding an Adams County judge admitted improper testimony from a nurse who documented the victim’s account. After the alleged assault, the victim went to a hospital by ambulance. She spoke to an emergency medical technician about her injuries, which was recorded…
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Moffat County School District may withhold portions of ‘organizational health’ report, appeals court says
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Colorado’s second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an “organizational health” report commissioned by its school board to investigate areas of concern. The Moffat County Education Association petitioned under the state’s open records law for access to undisclosed portions of an investigator’s report, prepared alongside…
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Colorado justices ease path for successful civil defendants to turn around, sue plaintiffs
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The Colorado Supreme Court on Monday embraced a lower hurdle for successful defendants in civil cases to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and the case ends in…
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Colorado Supreme Court to hear case about relevance of consensual bondage activity
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The Colorado Supreme Court announced on Monday that it will review whether evidence of a defendant’s recent plans for BDSM activity with his alleged victim was relevant to his theory that he did not intend to cause serious bodily injury. At least three of the court’s seven members must agree to take up a case…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
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Members of the appeals courts headquartered in Denver gave lawyers a peek on Friday into their behind-the-scenes operations and offered tips about presenting a compelling case to the people making decisions. “You have to pay attention to the entire bench, right? I think one mistake that you can make, as the questions start coming in,…
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Colorado justices consider scenario where civil defendants turn around and sue plaintiffs
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Members of the Colorado Supreme Court considered on Wednesday how easily defendants who win their civil lawsuits should be able to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and…
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HOAs subject to increased liability for guests’ injuries in common areas, appeals court rules
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Colorado’s second-highest court ruled for the first time on Thursday that guests of homeowners who are injured in the common areas of homeowner associations only need to satisfy a relatively low hurdle to sue the HOA. Under Colorado law, someone who is injured on another’s property will have a harder or easier time holding the…
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
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A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
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Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…