judge katharine lum
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Colorado had no ability to prosecute New York woman for unauthorized credit card use, appeals court rules
Douglas County prosecutors had no basis to pursue charges of identity theft and unauthorized use of a financial device against a woman in New York whose conduct occurred entirely outside of Colorado, the state’s second-highest court ruled on Thursday. Erin Brennan and her children lived in New York and her ex-husband moved to Colorado after…
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Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
The Colorado Supreme Court on Monday concluded a father was not automatically entitled to a child neglect jury trial after his first proceeding in El Paso County was overturned, and instead faulted the man for failing to reiterate his demand for a jury trial. For parents involved in child welfare cases, Colorado lawmakers have given them…
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Appeals court orders new trial after jury instruction ‘drastically misdescribed’ offense
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
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
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
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
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
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
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
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…