judge david richman
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Colorado justices uphold shooting conviction despite jury saying defendant not the shooter
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The Colorado Supreme Court ruled on Tuesday that a man can stand convicted of murder, even though jurors found he was not the one who shot the victim and the evidence suggested he was not present for the shooting. There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017.…
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Colorado justices ponder whether rental car companies are also ‘insurers’
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The Colorado Supreme Court considered last week whether car rental companies that offer insurance policies can also be deemed “insurers” who may be sued for their failure to pay out benefits on claims. Hertz Corp. argued it was not an insurance company based on a sequence of events in the 1990s. The Supreme Court ruled…
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Colorado justices weigh ‘cascade of errors’ in Arapahoe County murder trial
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There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017. At the trial of Davis’ suspected killer, jurors reached two conclusions. First, they believed he was guilty of second-degree murder for causing Davis’ death. Second, they were asked whether the defendant used a gun. No, said the jury, he…
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Colorado Supreme Court ends lawsuit seeking refunds for CSU campus closure
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Colorado State University students may not claim their school unjustly enriched itself when it temporarily closed its physical campus during the COVID-19 pandemic and did not provide refunds, the Colorado Supreme Court ruled on Monday. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
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The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Colorado Supreme Court considers whether refunds available for CSU’s pandemic campus closure
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The Colorado Supreme Court considered on Wednesday whether students at Colorado State University had a viable claim for refunds after the school closed its campus temporarily during the COVID-19 pandemic while still retaining their fees. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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Colorado justices’ latest decision prompts questions about rules of the road for appellate judges
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Some appellate lawyers in Colorado are scratching their heads after a state Supreme Court ruling this week that avoided wading into the debate between LGBTQ protections and free speech rights, but nevertheless produced an equally heated dispute over process, fairness and the court’s adherence to its rules. On Tuesday, in a 4-3 opinion, the Supreme…
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Colorado Supreme Court to hear murder, noise pollution, fentanyl cases
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The Colorado Supreme Court announced on Monday it will decide whether a man can be tried a second time for murder after jurors rendered a verdict that made no sense if they had followed their instructions. At least three of the seven justices must agree to hear a case on appeal. The court also elected…
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Colorado Supreme Court lays out frustration with current method of ID’ing racial bias in jury selection
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Colorado’s justices escalated their frustration on Monday with the existing framework for evaluating race-motivated dismissals of jurors in criminal trials, months after the state Supreme Court also invited lawmakers to do their part to fix the problem. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. Normally, parties may exercise…
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Colorado justices reverse murder conviction for police interrogation lacking Miranda warning
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A woman convicted of murdering her husband in a Moffat County motel room will receive a new trial after the Colorado Supreme Court concluded on Monday that police failed to provide a Miranda warning before interrogating her. Rachel Ann Niemeyer and Michael Adam Freese were intoxicated and handling a rifle when the gun went off and…
