judge matthew grove
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Development fees not limited to brand new construction, Colorado court rules
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Colorado’s second-highest court ruled last month that local governments’ ability to impose fees on “new development” is not limited solely to construction projects that occur on empty land. Under state law, local governments that issue development permits are empowered to impose an impact fee that reflects governmental spending on “capital facilities needed to serve new…
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Divided appeals court finds no prosecutorial misconduct in prison assault case
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Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
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The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Appeals court reinstates felony charge, reverses Denver judge’s sanction on prosecution
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Colorado’s second-highest court ordered a Denver judge on Thursday to reinstate a defendant’s felony charge, finding she improperly reduced the severity as a sanction for an officer’s deletion of his body-worn camera footage. Prosecutors charged Russell K. Barnes with vehicular eluding, after police attempted to stop a Toyota 4Runner registered to Barnes but discontinued their…
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Appeals court rules civil trial over Kendrick Castillo’s death not required if STEM School pays max damages
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Colorado’s second-highest court determined on Thursday that a civil trial over the 2019 shooting death of Kendrick Castillo is not required after the defendant agreed to pay the maximum damages available to Castillo’s parents, without admitting liability. John and Maria Castillo, the parents of Kendrick, sued STEM School Highlands Ranch in 2021, two years after…
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Appeals court says claims cannot be based on increased risk of future health problems
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Colorado’s second-highest court concluded last week that state law does not recognize a plaintiff’s claim that a defendant’s actions increased their risk of illness in the future. A three-judge Court of Appeals panel acknowledged that courts in some states have sided with plaintiffs’ arguments that the need to spend money on medically monitoring their exposure…
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Appeals court orders new trial after Denver judge wrongly let defendant represent self
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A Denver judge incorrectly found that a defendant understood what he was doing by giving up his constitutional right to counsel, Colorado’s second-highest court concluded on Thursday in overturning the man’s assault convictions. Criminal defendants are allowed to represent themselves at trial by waiving their right to counsel. However, such a waiver must be “voluntary,…
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Appeals court overturns carjacking-related convictions after evidence error
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Colorado’s second-highest court overturned some of a defendant’s carjacking-related convictions on Thursday, finding Arapahoe County prosecutors failed to establish that his text messages apparently confessing to the crime were admissible as evidence. The three-judge Court of Appeals panel also concluded the search warrant used to obtain information from T-Mobile was unconstitutionally broad, with some judges…
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Netflix subscriptions may be taxed as ‘tangible’ property, appeals court rules
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Colorado’s second-highest court ruled on Thursday that a 90-year-old law taxing the sale of “tangible personal property” applies to Netflix subscriptions. A three-judge Court of Appeals panel examined the 1935 definition of tangible personal property as “corporeal,” and asked whether that necessarily meant items have to be seen and touched in order to qualify for…