judge david gilbert
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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: El Paso County judge erred by removing prosecutor for comments about stabbing public defenders
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The Colorado Supreme Court, by a 5-1 vote, concluded on Monday that an El Paso County judge mistakenly removed a prosecutor from a murder case after he was overheard saying he hoped the defendant would stab public defenders if he were released from custody. As the prosecution and the defense litigated Rocky Wayne West’s competency…
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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Colorado justices weigh calculation of damages to victims of medical malpractice
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Members of the Colorado Supreme Court considered on Tuesday whether a decades-old limitation on medical malpractice awards also creates an absolute restriction on the interest that injured plaintiffs can receive when they prevail at trial. The question affects the balance between fairly compensating people who suffer severe or lifelong injuries from medical negligence, on the…
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Colorado justices say conflicted lawyer not OK, but automatic reversal not required for defendant
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Members of the Colorado Supreme Court agreed on Monday it was highly problematic that an El Paso County defense lawyer seemingly failed to tell his client he was simultaneously being prosecuted by the same district attorney’s office, but a majority stopped short of finding the conflict merited an automatic reversal of the defendant’s convictions. Matthew…
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Colorado Supreme Court to hear medical malpractice appeal, signals interest in DUI case
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The Colorado Supreme Court announced on Monday it will review whether the longstanding provision in state law generally capping medical malpractice awards to plaintiffs also applies to the interest accrued from the time of the plaintiff’s injury, without exception. At least three of the court’s seven members must agree to hear a case on appeal.…
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Colorado Supreme Court takes up El Paso County criminal case
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The Colorado Supreme Court announced on Monday that it will hear an appeal out of El Paso County questioning how criminal defendants can challenge the validity of an order to pay restitution to their victims, if the order occurs beyond the legal deadline. At least three of the court’s seven members must agree to review…
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Colorado appeals court sides with customer sued over negative online review
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A series of statements a Colorado Springs woman made online and through the media about a plumbing company are protected under the law and do not amount to defamation, Colorado’s second-highest court ruled last month. The decision from the Court of Appeals is the latest to address the tension between customers who leave critical online…
