judge christina gomez
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Colorado justices ease path for successful civil defendants to turn around, sue plaintiffs
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
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
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
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
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
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
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…
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Appeals court interprets ambiguous phrase in Colorado’s criminal records sealing law
Colorado’s second-highest court last month interpreted for the first time an ambiguous phrase in a 2019 law, and concluded a man convicted two decades ago for securities fraud was not entitled to have his criminal records sealed. Lawmakers enacted House Bill 1275 nearly five years ago to increase the availability of records-sealing for people convicted of less serious…
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
Two members of Colorado’s second-highest court warned in separate cases on Thursday that they believe judges are drifting away from the legislature’s directive for evaluating whether defamation lawsuits should be dismissed under a 2019 law designed to protect free speech. More than two years ago, Judges Ted C. Tow III and Michael H. Berger were…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…