judge karl schock
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Appeals court says requirement that parents be ‘present’ during child interrogations does not mean ‘attentive’
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Colorado’s second-highest court ruled on Thursday that the requirement for parents to be present when police interrogate their child in custody means only that the parent must be “physically present,” not “mentally present” as well. Under the landmark U.S. Supreme Court case Miranda v. Arizona, law enforcement is required to inform a suspect of their rights…
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Appeals court clarifies no relief available for delay in providing judicial records
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Colorado’s second-highest court clarified on Thursday that relief is only available when the judiciary denies access to certain public records, with no consequence if the records are simply delayed. Although the Colorado Open Records Act is the state’s primary disclosure law, administrative records from the judicial branch are disclosed pursuant to a policy known as…
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Appeals court green-lights ex-Dominion executive’s defamation claim against Rudy Giuliani
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Colorado’s second-highest court agreed on Thursday that a former executive of Denver-based Dominion Voting Systems may proceed with a defamation claim against Rudy Giuliani for his unproven accusations of election rigging in the 2020 presidential race. The decision by a three-judge panel of the Court of Appeals mirrored a more comprehensive opinion issued in April,…
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Appeals court clarifies significance of pinpointing drug exposure for child neglect cases
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Colorado’s second-highest court on Thursday clarified it does matter whether a child experienced drug exposure in her parents’ custody, rejecting a Montrose County judge’s conclusion that the location was irrelevant to determining whether the infant was neglected. A child is neglected under Colorado law if, among other things, their “environment is injurious” to their welfare.…
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Divided appeals court upholds $111,600 restitution order in Denver murder case
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Colorado’s second-highest court last week upheld a Denver judge’s crime victim restitution order as valid, but with continued disagreement over how to apply the Supreme Court’s recent guidance about the state’s restitution law. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must provide the requested amount by the time…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Ex-Dominion executive’s defamation claims may proceed against Trump campaign and supporters
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Colorado’s second-highest court on Thursday agreed a former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against Donald Trump’s presidential campaign and several prominent supporters who publicly accused him of rigging the 2020 election based on the unproven claims of a conservative podcaster. A three-judge panel for the Court of Appeals…
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
