judge karl schock
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Public figures have limited path to sue over accusations of criminality, says appeals court
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Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Error-prone Douglas County judge triggers another reversal of criminal convictions
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Colorado’s second-highest court overturned a defendant’s Douglas County convictions on Thursday due to the error of a judge whose actions have triggered a disproportionate number of reversals to convictions and sentences in recent years. Since 2021, the Court of Appeals has found problems in multiple criminal cases handled by former District Court Judge Patricia Herron.…
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Appeals court orders new child abuse trial due to improper evidence of prior mistreatment
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Colorado’s second-highest court overturned a Montezuma County defendant’s child abuse conviction last month, concluding evidence of prior mistreatment was too dissimilar to the alleged conduct that formed the basis of the criminal charges. Garland Kay Malcolm received a 32-year prison sentence after jurors convicted her in 2023 for the severe injuries to a 6-year-old boy…
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Appeals judge asks Colorado Supreme Court to clarify process for returning seized property to defendants
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A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to address the consequences of its 2022 decision outlining how convicted defendants are supposed to seek the return of property seized by law enforcement. In Woo v. El Paso County Sheriff’s Office, the justices concluded that defendants cannot bring a separate civil…
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Appeals court ‘reluctantly’ sides with Jeffco DA in disapproving judge’s self-defense ruling
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Colorado’s second-highest court, by 2-1, agreed last week that a Jefferson County judge should not have let jurors consider whether a defendant acted in self-defense at a trial that resulted in his acquittal for menacing a police officer. However, members of the three-judge Court of Appeals panel criticized District Attorney Alexis King’s office for bringing…
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Appeals court clarifies evidence safeguards apply to child welfare caseworkers
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Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
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County voters cannot pursue referendum on land-use change, appeals court says
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Colorado’s second-highest court told a collection of Delta County voters on Thursday that they cannot file a referendum to repeal a zoning change, as the state constitution does not allow it. After Delta County’s commissioners adopted a resolution updating the land-use code in 2024, a group of landowners tried three times to file a referendum…
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Appeals court overturns carjacking-related convictions after evidence error
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Colorado’s second-highest court overturned some of a defendant’s carjacking-related convictions on Thursday, finding Arapahoe County prosecutors failed to establish that his text messages apparently confessing to the crime were admissible as evidence. The three-judge Court of Appeals panel also concluded the search warrant used to obtain information from T-Mobile was unconstitutionally broad, with some judges…
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Appeals court says custody dispute must terminate if one parent dies
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Colorado’s second-highest court clarified last month that an unresolved custody dispute must terminate when one parent dies, with the surviving parent automatically receiving custody. A three-judge Court of Appeals panel determined it was a mistake to allow an Adams County custody case between a mother and father to continue after the mother’s death, with the…
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Colorado’s new ‘reasonable doubt’ instruction upheld, despite cautions from some appeals judges
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Colorado’s second-highest court has upheld the recently reworded definition of “reasonable doubt” that appears in the template jury instructions for criminal trials, which generated controversy at the time of its debut. In a pair of precedent-setting opinions issued the same day last week, two separate panels for the Court of Appeals found no legal deficiency…