judge david yun
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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…
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Appeals court overturns order denying ex-CU coach unemployment benefits for inappropriate comments
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Colorado’s second-highest court determined on Thursday that a state agency wrongly concluded a former University of Colorado skiing coach was disqualified from receiving unemployment benefits because of inappropriate comments he made to female students three months before his termination. Andy LeRoy was briefly CU’s head ski coach from 2021-2023 following his career as an Olympian and University of Denver…
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El Paso County felony murder conviction overturned after appeals court cites numerous errors
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Colorado’s second-highest court last month ordered a new trial for a woman convicted of felony murder in El Paso County, finding multiple errors that were not individually damaging compromised the fairness of her trial when taken together. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be guilty…
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Teller County deputies cannot carry out immigration duties contrary to state law, appeals court rules
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Colorado’s second-highest court ruled on Wednesday that the Teller County sheriff cannot rely on an agreement with the federal government to authorize his deputies to perform immigration duties state law prohibits — specifically, the continued detention of noncitizens beyond their release from custody. In 2019, the state legislature enacted a law forbidding local law enforcement…