Judge Grant Sullivan
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Colorado Supreme Court to evaluate test for alimony after remarriage
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The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Municipal camping bans do not violate Colorado Constitution, says appeals court
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Municipal ordinances that ban people from living on public property do not violate the Colorado Constitution’s prohibition on cruel and unusual punishment, the state’s second-highest court ruled on Thursday. A three-judge Court of Appeals panel agreed that it was appropriate to rely on the U.S. Supreme Court’s interpretation of the Eighth Amendment, which Colorado courts…
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Colorado justices question process for parole board appeals
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The Colorado Supreme Court considered on Tuesday whether criminal defendants whose parole is revoked must appeal the decision internally to the state’s parole board before seeking review by a judge. The process for returning someone to incarceration for violating the conditions of their parole first entails a hearing by one member of the Colorado State…
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Appeals court overturns convictions after Douglas County judge let biased juror serve
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Colorado’s second-highest court reversed a defendant’s robbery-related convictions and 18-year prison sentence on Thursday because a Douglas County judge allowed a biased juror to serve. During Ahmarion Kaliel Shead’s trial in January 2023, one juror, identified as “J.H.,” indicated on his questionnaire that he was “pro-law enforcement.” J.H. also disclosed that a relative worked for…
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Divided appeals court overturns defendant’s $350,000 restitution obligation
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Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
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A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
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Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
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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 court reminds judges to advise defendants of rights prior to virtual sentencings
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Colorado’s second-highest court reminded trial judges on Thursday that they must advise criminal defendants of their right to appear in person before imposing a sentence virtually. A Boulder County jury convicted Levi Valles in November 2022 of multiple offenses, but Valles experienced a severe medical emergency prior to sentencing. Consequently, he was unable to appear…