judge david yun
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Appeals court clarifies guardrails for mandatory arbitration
Colorado’s second-highest court issued two decisions in recent weeks that clarified the limits on mandatory arbitration, including for cases that raise workplace sexual harassment claims. While arbitration can be a more efficient and private form of dispute resolution compared to a lawsuit, it can also lack transparency and generally leaves a person without an avenue…
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Appeals court recognizes longer window to sue insurers for withholding policy details
Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
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Appeals court finds state wrongly blocked ex-worker’s evidence in termination challenge
Colorado’s second-highest court ruled last week that the Colorado State Personnel Board wrongly blocked a former employee from submitting documentation to challenge his termination, even though he followed the board’s instructions to obtain the materials. Eric Strumpf was the budget and business operations director for the Colorado Department of Corrections. He requested emergency sick leave…
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Colorado Supreme Court to address child’s CCTV testimony
The Colorado Supreme Court announced on Monday that it will review the impact of a victim’s closed-circuit testimony on the prosecution of a juvenile defendant. At least three of the court’s seven members must agree to hear an appeal. There is currently one vacancy, which will be filled next month. The justices also signaled they…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Mesa County judge wrong to conclude hatchet not a ‘knife,’ says appeals court
Colorado’s second-highest court determined last week that a Mesa County judge incorrectly reduced a defendant’s menacing charge from a felony to a misdemeanor after finding his hatchet did not meet the definition of “knife.” A person commits menacing as a misdemeanor if they use threats or physical actions to place another person in fear of…
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Divided appeals court upholds convictions despite ‘troubling and unfair’ contradictory police testimony
Colorado’s second-highest court upheld a man’s convictions for unlawful possession of a firearm on Thursday, even as the majority acknowledged it was potentially unfair that a Denver officer testified to a different sequence of events at trial than earlier in the case. Matthew Torres attempted to exclude from trial the evidence of a handgun in…
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
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
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
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…