judge lino lipinsky
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Grand Junction employees ‘out of luck’ in challenging city’s retiree health plan, appeals court rules
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The immunity granted to government entities under state law bars a class action lawsuit against Grand Junction for the city’s alleged malfeasance in administering a health insurance program for retired employees, Colorado’s second-highest court ruled on Thursday. A trial judge previously found no evidence the city denied health benefits to any eligible retiree, but also…
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Appeals court agrees Boulder County judge needed to look into attorney’s alleged unauthorized practice
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Colorado’s second-highest court agreed earlier this month that a Boulder County judge mistakenly rejected a man’s petition for postconviction relief when she should have looked into his allegation that his defense lawyer represented him despite being unauthorized to practice law. David Keith McCoy pleaded guilty in 2012 to organized crime and drug possession charges and…
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Appeals court again reminds Colorado prosecutors to submit restitution requests on time
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Colorado’s second-highest court on Wednesday once again reminded prosecutors and trial judges to pay attention to the deadlines for crime victim restitution in state law, the latest in a series of decisions cracking down on deviations from the restitution process. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must…
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Appeals court finds judge did not punish man for religious beliefs when giving ex-wife parenting authority
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Colorado’s second-highest court last month rejected a man’s claim that a Larimer County judge unconstitutionally penalized him for expressing religious beliefs critical of homosexuality when she awarded parental decision-making to his ex-wife. District Court Judge Laurie K. Dean gave Brandon Ribble’s ex-wife broad decision-making responsibility for the couple’s children as a result of their divorce.…
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Late-filed appeal submitted to wrong court due to lawyers’ carelessness not OK, appeals court rules
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If an attorney files an appeal in the wrong court and does not notice until after the deadline, that is too bad, Colorado’s second-highest court ruled last month. In a precedent-setting decision, a three-judge panel of the Court of Appeals concluded its ability to hear a late-filed appeal due to “excusable neglect” does not extend…
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Colorado Supreme Court upholds man’s child enticement conviction
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The Colorado Supreme Court on Tuesday concluded the state’s second-highest court wrongly overturned a man’s Jefferson County conviction for a child sex offense, determining the evidence was sufficient after all to find him guilty. James Clayton Johnson is serving six years to life in prison after jurors convicted him of enticement. The offense requires someone to…
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Appeals court says name, birthdate, ‘Caucasian male’ not descriptive enough to prove prior offenses
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Colorado’s second-highest court last week clarified that a defendant’s name, date of birth and description as a “Caucasian male” did not combine to prove beyond a reasonable doubt that he was the same person who had three prior drunk driving convictions. An Arapahoe County jury convicted Dennis Herold in 2022 of felony driving under the…
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Appeals court finds no constitutional violation from hard-to-hear livestream during trial
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Colorado’s second-highest court last week ruled that problems with livestreaming technology during the early months of the COVID-19 pandemic did not violate a defendant’s constitutional right to a public trial if observers were still free to watch in the physical courtroom. The Sixth Amendment guarantees the criminally accused the right to a public trial. In…
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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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COVID-19 an ‘occupational disease’ triggering workers’ comp benefits, appeals court rules
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Colorado’s second-highest court ruled for the first time on Thursday that COVID-19 is an “occupational disease” that entitled the widow of a deceased nursing home employee to workers’ compensation benefits. Vincent Gaines was a floor technician at the University Park Care Center in Pueblo County, operated by Life Care Centers of America. Although there was no evidence…