judge katharine lum
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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Ethics, family law and AI: Colorado’s justices, judges speak about appellate do’s and don’ts
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During a pair of events earlier this month, one for young lawyers and one for appellate attorneys more broadly, several of Colorado’s judges and justices provided commentary on subjects ranging from professionalism and artificial intelligence to key developments within the judiciary. Chief Justice Brian D. Boatright also disclosed he will swear in Justice Monica M. Márquez on July…
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No probable cause hearing for defendant already in prison, appeals court says
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An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…
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No probable cause hearing for defendant already in prison, appeals court says
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An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…
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Appeals court clarifies excessive force standards under new landmark Colorado law on policing
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For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…
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Appeals court clarifies excessive force standards under new landmark Colorado law on policing
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For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Colorado Supreme Court to answer whether plaintiffs benefit from weekend, holiday extension in filing suit
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If plaintiffs have three years from the date of their injury to file a lawsuit, but the deadline falls on a Saturday, Sunday or holiday, do they get until the next business day to submit their complaint? The Colorado Supreme Court announced on Monday it will review a September 2023 decision of the Court of Appeals…