judge matthew grove
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Arapahoe County judge’s frustration with defense lawyer not grounds for new trial
Colorado’s second-highest court decided last week that an Arapahoe County judge’s repeated rebukes of a defense attorney and orders to “be quiet” did not rise to the level of bias or a violation of the defendant’s due process rights. A three-judge Court of Appeals panel observed that District Court Judge Joseph Whitfield’s dressing-down of the…
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Appeals court rejects CDOT employee’s discrimination, retaliation claims
Colorado’s second-highest court agreed last week that a Colorado Department of Transportation employee had not shown that his employer discriminated and retaliated against him due to his religion and national origin. Ayman Salloum, who described himself as a 70-year-old Muslim immigrant from Jordan, was an environmental protection specialist at CDOT in December 2024. That month,…
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Denver murder conviction reversed for incomplete self-defense instruction
Colorado’s second-highest court reversed a defendant’s murder conviction last week because a Denver judge gave an incomplete instruction to the jury about the man’s right to self-defense. Donald R. Gonzales and Gary McLaughlin met up in a Capitol Hill parking lot one night in May 2021 for a sexual encounter in Gonzales’ car. According to…
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Appeals court upholds Park County trophy hunting conviction
Colorado’s second-highest court clarified on Thursday that a defendant may stand convicted under the state’s trophy hunting laws if he abandons a bear carcass but returns later to remove the meat. Under Colorado law, it is a felony to detach or remove the trophy parts of big game, such as the head or hide, “with…
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Appeals court revives tenants’ lawsuit over landlords’ illegal fee demands
Colorado’s second-highest court revived a proposed class-action lawsuit against landlords and other entities last month, concluding that state law did not permit the practice of demanding that tenants pay attorney fees in certain eviction proceedings. In 2021, lawmakers enacted a process by which tenants facing eviction can “cure” their delinquent payments. After a landlord has…
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Development fees not limited to brand new construction, Colorado court rules
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
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
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
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
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…