judge david yun
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
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A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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Appeals judge calls for investigation into law firm’s handling of potential murder weapon
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A member of Colorado’s second-highest court took the extraordinary step on Thursday of calling for an investigation into the “serious ethical issues” raised by a criminal defense firm’s concealment of a potential murder weapon at its office without notifying the prosecution. A three-judge Court of Appeals panel upheld the convictions of Daniel Jesus Lopez, who is…
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Appeals court finds Denver judge wrongly let child witness testify by CCTV
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Colorado’s second-highest court ruled on Thursday that a Denver judge violated the constitutional rights of a juvenile defendant by allowing the victim, who was also a child, to testify in a different room out of concern for the “influence” of the defendant’s parents. However, a three-judge panel for the Court of Appeals concluded the error…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
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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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Appeals court emphasizes claims against officers must be ‘frivolous’ for unsuccessful plaintiffs to pay
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Colorado’s second-highest court ruled on Thursday that a 2020 police accountability law only contemplates that unsuccessful plaintiffs will compensate officer defendants for their costs when the claims are frivolous. Lawmakers enacted Senate Bill 217 in the wake of protests that erupted over the May 2020 death of George Floyd at the hands of Minneapolis police. Although federal…
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Appeals court rules harsher sentence after appeal does not mean judge was ‘vindictive’
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Colorado’s second-highest court ruled last week that a Jefferson County judge subjected a man to a harsher sentence following a successful appeal because the parole eligibility date was pushed back by multiple years, but that fact alone did not mean the judge acted “vindictively.” In 2015, the state Supreme Court noted that when a criminal…
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‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
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Members of Colorado’s Supreme Court and Court of Appeals spoke to law students on Friday about when and how they compromise in their decision-making — and when they feel compelled to register disagreement. “We have different considerations than the Supreme Court,” said Judge Sueanna P. Johnson of the 22-member appeals court. “They are doing less than…
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Appeals court allows man to sue Paonia for constitutional violation after shutting off his water
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Colorado’s second-highest court last week agreed a man could proceed with his lawsuit against the town of Paonia for shutting off his water in an alleged violation of his constitutional right to due process. Erik Gilbertson lives outside the town’s limits, but his home receives water from the municipal system. Paonia allowed the prior owner…
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Appeals court finds El Paso County magistrate erred in 2 cases
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Colorado’s second-highest court last month concluded a former El Paso County magistrate did not follow the law or the rules governing magistrates when adjudicating two complex family disputes. The first case revolved around the guardianship of Martin Acosta, a developmentally disabled man in his mid-50s. His mother had been his legal guardian since 1997, but…
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Appeals court dismisses state contractor’s defamation suit against Denver7
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Colorado’s second-highest court agreed earlier this month that a former vaccine distribution contractor for the state failed to show Denver7 should be liable for defamation through its series of stories about the company’s problems. Between 2021 and 2022, Denver7 published four articles describing employees of Jogan Health, LLC not receiving payments, false statements in Jogan…
