judge david richman
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Colorado justices narrowly uphold IP-based search warrant, decline to adopt broader rule
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The Colorado Supreme Court upheld as constitutional on Monday a warrant that permitted Clear Creek County sheriff’s personnel to search a man’s laptop for child pornography, even though he lived in a unit separate from the target residence and law enforcement was focusing on a different suspect the day of the visit. Previously, four lower…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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Ethics, family law and AI: Colorado’s justices, judges speak about appellate do’s and don’ts
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During a pair of events earlier this month, one for young lawyers and one for appellate attorneys more broadly, several of Colorado’s judges and justices provided commentary on subjects ranging from professionalism and artificial intelligence to key developments within the judiciary. Chief Justice Brian D. Boatright also disclosed he will swear in Justice Monica M. Márquez on July…
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Colorado justices vent about difficulty of evaluating racial bias in jury selection
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Members of the Colorado Supreme Court last week expressed frustration with the difficulties of pinpointing unconstitutional racial bias in jury selection, especially when relatively few details are available after the fact about what happened at trial. “We’re trying to guess what’s in someone’s mind, someone’s heart, even when they may not be aware of it,…
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Colorado justices tentatively agree that judges’ appearance of bias can matter in criminal appeals
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Although members of the Colorado Supreme Court on Tuesday seemed unconvinced that an El Paso County judge should have recused herself from a case because she was previously the victim of a similar crime, the court was less receptive to the government’s position that a judge’s appearance of bias can almost never be grounds for…
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Appeals court says car rental companies can be sued as insurers
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Colorado’s second-highest court clarified last week that car rental companies can be sued as if they were insurance companies when they fail to pay benefits on policies they offer in the course of renting vehicles. After a hit-and-run driver caused two passengers to sustain more than $700,000 in medical bills, they sought payment from the…
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Appeals court clarifies standards for no-contact orders involving children
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Colorado’s second-highest court clarified last month that judges need to account for certain factors when deciding whether to loosen a defendant’s no-contact order against a child, and an El Paso County judge did not consider the proper criteria when refusing to modify the restrictions. Under state law, judges impose protection orders, also known as restraining…
