judge katharine lum
-
Colorado justices weigh rights of accusers, accused in campus sexual misconduct inquiries
—
by
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…
-
Colorado justices consider when parents forfeit right to jury trial in child neglect cases
—
by
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…
-
Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
—
by
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…
-
By 2-1, appeals court overturns some of defendant’s convictions in Denver gang shooting
—
by
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…
-
Appeals court overturns woman’s conviction, finds defect in template jury instructions
—
by
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…
-
Mesa County judge wrongly acquitted bail bondsman, appeals court rules
—
by
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…
-
Appeals judge raises flag about whether insurance companies can collect restitution after traffic convictions
—
by
A member of Colorado’s second-highest court said on Thursday that she was skeptical insurance companies are entitled to collect crime victim restitution from defendants convicted of misdemeanor traffic offenses, but lawmakers had not provided clear direction one way or the other. A three-judge panel for the Court of Appeals agreed the evidence did not render…
-
Appeals court tells Grand County judge to reexamine spat between town officials
—
by
Colorado’s second-highest court directed a Grand County judge last week to conduct further analysis of the defamation claim by two former Grand Lake officials against the ex-town manager. The immediate issue before the Court of Appeals was relatively narrow: Did defendant John Crone act “willfully and wantonly” when he sent a 2021 email to the…
-
Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
—
by
The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…
-
Adams County murder conviction overturned for unreliable identification of suspect
—
by
Colorado’s second-highest court last week overturned a man’s murder conviction and ordered a new trial after finding a witness’s identification, based on a suggestive photo array, was unreliable and should have been excluded from trial. On the night of Jan. 30, 2018, two men fought with Ricardo Rivas in the parking lot of his Westminster…