judge lino lipinsky
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
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Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
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Fake evidence, new expectations and morality: Judges talk about AI in the law
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Judge Lino S. Lipinsky de Orlov shared with an audience of lawyers on Wednesday a story from last year’s judicial conference about one trial judge who suspected an attorney representing a domestic violence victim submitted a fake photo to the court of their badly beaten client. “The judge asked: Was this AI generated? And the…
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Appeals court clarifies prohibition on lawyers doubling as witnesses covers more than jury trials
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Colorado’s second-highest court clarified on Thursday that the rule generally prohibiting lawyers from also serving as witnesses at trial does not apply only to jury trials. Under Colorado’s rules of professional conduct, an attorney cannot litigate a case when the lawyer is likely to be a necessary witness “at trial.” There are limited exceptions, including…
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Colorado justices to hear cases on grandparent visitation, lawyers’ neglect in appealing on time
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The Colorado Supreme Court announced on Monday that it will decide whether two grandparents are entitled to seek visitation of their grandchildren following their adoption by the other set of grandparents, and also how strictly to hold lawyers to the deadline for filing appeals. At least three of the court’s seven members must agree to…
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Appeals court warns lawyers, litigants: You will get in trouble for citing AI-invented cases
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Colorado’s second-highest court put attorneys and litigants on notice for the first time on Thursday that they will face consequences if they use artificial intelligence to submit filings with fake citations. A three-judge panel for the Court of Appeals declined to sanction a self-represented plaintiff after he acknowledged and apologized for his mistake. At the…
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Colorado justices rule plaintiffs can use open records law for evidence when suing government
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The Colorado Supreme Court decided on Monday that nothing in the state’s open records law prevents a person from seeking documents from public entities at the same time they are suing the government in court. Although the justices agreed that a plaintiff properly used the Colorado Open Records Act (CORA) to seek a tape recording…
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School administrators’ discipline records not subject to disclosure, appeals court rules
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Disciplinary records for public school administrators are not subject to disclosure thanks to a law shielding materials used in preparing educator evaluations, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals noted administrators’ disciplinary histories are factors in their evaluations, thereby landing within an exception to the state’s open records…
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Colorado justices weigh unique defense to murder for non-triggermen
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Some members of the Colorado Supreme Court on Wednesday signaled their agreement with the notion that a defendant need not admit to committing an underlying offense in order to assert a defense to the more serious crime of felony murder. Felony murder is a unique offense, in which a defendant is guilty if he participates in…
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Appeals court rejects notion that coroners’ conclusions preempt other evidence of murder
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Colorado’s second-highest court ruled last week that an “undetermined” cause of death from a county coroner does not preclude prosecutors from presenting their own evidence that the death was actually a homicide. In the case before the Court of Appeals, Denver jurors convicted Robert W. Feldman in 2022 of murdering his wife, Stacy Feldman. He is…