judge pax moultrie
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Appeals court clarifies meaning of ‘at-risk’ victim based on breathing disability
Colorado’s second-highest court clarified last month that victims qualify as “at-risk” under state law if they required mechanical assistance to breathe on the date of the offense against them. El Paso County prosecutors charged Jon Claude Crow with third-degree assault, which is ordinarily a misdemeanor. It becomes a felony if the assault is on an…
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Divided appeals court reverses conviction after judge declined to define ‘bludgeon’
Colorado’s second-highest court reversed a Jefferson County defendant’s felony menacing conviction on Thursday, concluding that the trial judge’s failure to define “bludgeon” for jurors may have affected the outcome. A three-judge Court of Appeals panel divided in unusual ways in the case of Michael Casey Simms. Two judges believed the definition of “reasonable doubt” that…
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Colorado appellate judges, lawyers hold annual conference | APPELLATE UPDATE
Appellate judges and attorneys gathered in Denver on Friday to discuss recent trends, exchange tips and clarify confusing areas of practice. “One of the things I really had to focus on, coming from the trial court, is that my inclination before was to make sure things are raised and people were getting their questions answered.…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Appeals court finds no requirement for different judge to handle attorney-client conflict hearings
Colorado’s second-highest court rejected a defendant’s argument on Thursday that a judge improperly heard about a potential conflict between himself and his lawyer right before sentencing, and the man’s reaction could have “tainted” the sentencing decision. In September 2023, Anthony Palermo pleaded guilty in Huerfano County to harassment and assault. Before his sentencing hearing, Palermo…
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Colorado justices, appeals judges speak of need to keep heads down amid political attacks
Two members of the Colorado Supreme Court and three Court of Appeals judges discussed their obligation on Tuesday to refrain from pushing back overtly on political attacks or misrepresentations of their work. Chief Justice Monica M. Márquez also disclosed certain strategies the judicial branch is employing to counter tangible threats to judges’ security. “My concern is…
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Colorado Supreme Court to address validity of plaintiff’s waiver for snowboarding injuries
The Colorado Supreme Court announced on Monday that it will decide whether a man injured while snowboarding may proceed with his lawsuit, despite a series of waivers — including one he signed years after his accident — releasing the resort from liability. At least three of the court’s seven members must agree to hear a…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…
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Appeals court overturns El Paso County domestic violence convictions for improper testimony
Colorado’s second-highest court on Thursday overturned a man’s domestic violence convictions because a witness’s improper testimony had provided the only link between the defendant and the assault in question. Generally, courts do not allow hearsay testimony, which means out-of-court statements introduced to prove the truth. Such statements are not subject to cross-examination under oath, making…
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Appeals court overturns Weld County drug convictions after officer gave improper testimony
Colorado’s second-highest court on Thursday overturned a man’s drug convictions and 36-year prison sentence because a law enforcement officer improperly testified the defendant had met the legal elements to be found guilty. An expert witness cannot “usurp” the jury’s role by testifying about the conclusion jurors should reach. The Court of Appeals has previously ordered…