judge lino lipinsky
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Colorado justices skeptical of defendant’s challenge to flawed jury instruction
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Members of the Colorado Supreme Court appeared willing to uphold a defendant’s vehicular eluding conviction on Tuesday, suggesting that an incorrectly worded jury instruction was not an obvious and harmful error in light of the defense’s choice not to dispute the evidence. A Denver jury convicted Jeffery Sloan of killing Yasir Hasan and Mark Karla by running…
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Appeals court recognizes weekend, holiday rule applies to judicial review deadline
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Colorado’s second-highest court clarified for the first time last week that the rule extending deadlines in civil cases when the final day falls on a weekend or holiday also applies to litigants seeking review of governmental decisions. Nicholas A. Rigato was incarcerated at Fremont Correctional Facility when prison officials found him guilty of three conduct…
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Appeals court reverses conviction after judge blocked questioning about witness’s criminal charges
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An Arapahoe County judge violated a defendant’s constitutional right to confront the witnesses against him by blocking the defense from asking a witness about her own pending criminal charges in the same jurisdiction, Colorado’s second-highest court ruled last week. Prosecutors charged Jose Garcia Valdivia with multiple counts of assault and felony menacing. Garcia allegedly got…
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The influencers? Some Colorado appeals judges outpace colleagues in setting legal precedent
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A handful of judges on Colorado’s second-highest court are producing substantially more precedent-setting opinions than their colleagues, which create binding interpretations of the law that reach beyond individual cases. The Court of Appeals issues approximately 1,700 opinions each year. A small number receives state Supreme Court review, but the appellate court is otherwise the final…
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Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
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Members of the Colorado Supreme Court struggled on Tuesday to balance the need for one defendant to shield itself against a plaintiff’s claim that its employee sexually assaulted her child, and the fact that the employee legally admitted the allegations against him by failing to participate in nearly all of the civil case. A plaintiff…
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Appeals judges tell Boulder students about workload, ‘attack mode’ during school visit
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Three judges on Colorado’s second-highest court traveled to Boulder on Tuesday to hear oral arguments in real cases and field questions from students about their professional paths, their workload on the Court of Appeals, and their approach to interacting with attorneys. “Sometimes, I regret my tone. I will admit that I get a little too…
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Appeals court divided over effect of retroactive sentence on parole calculation
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Colorado’s second-highest court grappled last week with the framework for calculating a defendant’s earliest possible parole date in light of two intersecting legal principles — a judge’s ability to make an order retroactive, and the requirement that separate, simultaneous sentences be treated as one continuous sentence. By 2-1, a three-judge Court of Appeals panel decided…
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In Tina Peters appeal, judges telegraph some degree of reversal | ANALYSIS
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Former Mesa County clerk Tina Peters seems poised to walk away from the state’s Court of Appeals with her criminal convictions largely intact, even as a three-judge appellate panel raised concerns about her sentence and one specific conviction. Peters, a Republican who served one term following her 2018 election, is serving a roughly nine-year prison…
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Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
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Colorado’s second-highest court overturned a Jefferson County judge’s order last week in a long-running dispute about whether two ex-spouses must call their child by his first name or middle name outside the home. In doing so, a three-judge Court of Appeals panel clarified that the standard for restricting a parent’s free speech rights is a…
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‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
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The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…