judge craig welling
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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Colorado Supreme Court to examine whether corporations can be liable for ‘felonious killing’
The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Appeals judge raises questions about review of custody decisions
A member of Colorado’s second-highest court suggested last week that appellate judges should have more leeway to decide whether trial judges correctly terminate or decline to terminate parents’ legal rights over their children. At the same time, the three-judge Court of Appeals panel agreed that no specific person has to be identified in order for…
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Appeals court finds Denver jury convicted man for possessing more fentanyl than evidence showed
Colorado’s second-highest court on Thursday concluded a Denver jury convicted a defendant of a felony for possessing more than four grams of an illegal substance when the evidence actually showed it was not close to even one gram. At his 2023 trial, a jury convicted Cesar Noel Garcia for misdemeanor possession of methamphetamine and felony…
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Appeals court directs Jeffco judge to reconsider releasing man’s car from Lakewood police custody
Colorado’s second-highest court last week directed a Jefferson County judge to reconsider a man’s request for Lakewood police to return his car, which the city declined to release even after his criminal case was resolved. Police arrested Kameron Murphy in September 2022 and charged him with tampering with the body of his recently deceased girlfriend,…
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Appeals court reverses Weld County robbery convictions due to unreliable witness ID
Colorado’s second-highest court reversed a defendant’s convictions out of Weld County last week, concluding the victim’s identification was unreliable and may have been the product of police influence. In August 2019, a teenage pizza delivery driver was leaving his job. Just after he closed the door to his vehicle, a man opened it, told the…
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Appeals court clarifies defendant need not prove relationship with own children to modify restraining order
Colorado’s second-highest court clarified on Thursday that a defendant did not need to demonstrate the nature of his relationship with his biological children in order to argue that a no-contact order infringed on his constitutional rights. Last year, the Colorado Supreme Court issued a decision in Salah v. People, addressing what should happen when a convicted sex offender…
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Appeals court overturns carjacking-related convictions after evidence error
Colorado’s second-highest court overturned some of a defendant’s carjacking-related convictions on Thursday, finding Arapahoe County prosecutors failed to establish that his text messages apparently confessing to the crime were admissible as evidence. The three-judge Court of Appeals panel also concluded the search warrant used to obtain information from T-Mobile was unconstitutionally broad, with some judges…
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Divided appeals court says COVID-19 did not cause ‘direct physical loss’ to senior care facilities
Colorado’s second-highest court ruled on Wednesday that the COVID-19 pandemic and related public health orders did not cause a “direct physical loss” to the property of various assisted living facilities to the point of triggering insurance coverage. By 2-1, a three-judge Court of Appeals panel relied on the reasoning of recent federal court opinions and…