judge matthew grove
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Appeals judge suggests revising governmental immunity law in response to Manitou Springs’ ‘hide-the-ball’ conduct
A member of the state’s second-highest court has suggested lawmakers revise Colorado’s governmental immunity law to prevent public entities from torpedoing lawsuits by withholding the identity of the actual party responsible for an injury. Last week, a three-judge panel for the Court of Appeals agreed Jaimi J. Mostellar’s lawsuit against Colorado Springs must be dismissed…
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Appeals court orders new sentencing due to biased Adams County judge
Colorado’s second-highest court agreed last week that a former Adams County judge should not have sentenced a criminal defendant, given that the judge acknowledged his bias by also granting a motion to recuse himself. Jurors convicted Regan Christopher Garcia in 2022 of stalking his ex-wife. After trial, Garcia believed his public defender was conspiring with…
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Appeals court upholds 2 murder convictions, rejecting complaints about jurors’ use of devices
Colorado’s second-highest court recently upheld the murder convictions of two defendants who claimed it was inappropriate that jurors were allowed to simulate the pressure of a trigger-pull with a mechanical device and to use a calculator during deliberations. In the first case out of Denver, a jury convicted Samuel J. Robinson of second-degree murder for…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
A man serving a life sentence for murder will receive a new trial after Colorado’s second-highest court concluded last week that law enforcement unconstitutionally used a “shortcut” to unlock his phone in time for his original trial. In reaching its conclusion, a three-judge panel for the Court of Appeals rejected the idea that a cell…
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Appeals court ‘concerned’ prison official refused to let inmate question witness in disciplinary case
Colorado’s second-highest court reversed an incarcerated man’s disciplinary conviction for allegedly assaulting a prison employee last week, concluding the man was wrongly denied the ability to question a key witness. David Ruffin resided at the Colorado State Penitentiary in July 2022 when he became upset at a directive to either shower or go to his…
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Mesa County animal cruelty convictions overturned for officer’s unconstitutional search
Colorado’s second-highest court determined on Thursday that a Mesa County animal control officer gathered evidence of a cruelty offense from a woman’s property in violation of the Fourth Amendment, necessitating a new trial. The constitutional prohibition on unreasonable searches and seizures generally requires police to obtain a warrant or else rely on an established exception…
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…
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Ex-Douglas County judge’s errors stack up as appeals court reverses another conviction
Colorado’s second-highest court last week overturned a Douglas County defendant’s convictions because of an error by former District Court Judge Patricia Herron, continuing a pattern of reversals in her cases. Herron retired late last year, having been an 18th Judicial District Court judge since 2016. Earlier in her career, she worked in the Colorado Attorney…
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COVID-19 an ‘occupational disease’ triggering workers’ comp benefits, appeals court rules
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…