judge katharine lum
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Appeals court orders new trial after jury instruction ‘drastically misdescribed’ offense
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Colorado’s second-highest court on Wednesday ordered a new trial for a man convicted of failing to register as a sex offender, concluding the jury instruction did not correctly describe what was required to find him guilty. El Paso County jurors convicted Clyde Douglas Phillips in 2023 of failing to register as a sex offender and he…
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. Generally, what someone says during the course of judicial proceedings has…
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Appeals court rules anti-police bias alleged in jury deliberations is not basis for overturning verdict
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Colorado’s second-highest court ruled last week that allegations of a juror’s anti-police statements during deliberations in a civil trial cannot trigger an inquiry into whether the juror’s bias requires a new trial. Generally, jurors cannot be made to testify about statements made during deliberations when a party challenges the validity of a jury’s verdict. There…
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Colorado justices to examine what happens when governments withhold key info from injured plaintiffs
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The Colorado Supreme Court announced on Monday that it will decide whether injured plaintiffs do not have to strictly comply with the legal deadline for notifying the government if a public entity’s conduct makes it impossible to timely identify who should be sued. At least three of the court’s seven members must agree to hear a case…
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Colorado justices weigh rights of accusers, accused in campus sexual misconduct inquiries
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Members of the Colorado Supreme Court considered on Wednesday whether alleged victims of campus sexual misconduct can be sued for statements they make during a school’s investigation, especially if the inquiry lacks safeguards protecting an accused student’s rights. Generally, what someone says during the course of judicial proceedings has “absolute privilege,” meaning their statements cannot…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
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For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…
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By 2-1, appeals court overturns some of defendant’s convictions in Denver gang shooting
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Colorado’s second-highest court concluded earlier this month that prosecutors had not proven a defendant placed all alleged victims at risk of serious injury or death in a gang-related shooting, and therefore some of his convictions could not stand. Alejandro Garcia-Sanchez stood trial for an October 2019 shooting in northeast Denver. He was one of several…
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Appeals court overturns woman’s conviction, finds defect in template jury instructions
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Colorado’s second-highest court overturned a criminal conviction from La Plata County on Thursday, concluding it was the “rare case” in which the template jury instructions incorrectly describe how jurors can find someone guilty of retaliating against a witness. The jury that convicted Erin Amber Trujillo was instructed it could find her guilty if she directed…
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
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A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…