Judge Robert Gunning
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Municipal camping bans do not violate Colorado Constitution, says appeals court
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Municipal ordinances that ban people from living on public property do not violate the Colorado Constitution’s prohibition on cruel and unusual punishment, the state’s second-highest court ruled on Thursday. A three-judge Court of Appeals panel agreed that it was appropriate to rely on the U.S. Supreme Court’s interpretation of the Eighth Amendment, which Colorado courts…
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Colorado Supreme Court green-lights lawsuit over climate change impacts to Boulder County
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The Colorado Supreme Court permitted Boulder County and the city of Boulder on Monday to proceed with their lawsuit against two fossil fuel corporations over alleged local harms caused by the effects of climate change. By 5-2, the Supreme Court concluded federal law did not preclude the local governments from raising state-level claims of nuisance,…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
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Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…
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Colorado Supreme Court signals possible intervention in lawsuit over climate change impacts
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The Colorado Supreme Court signaled on Monday it may intervene in a lawsuit out of Boulder County seeking to make ExxonMobil liable for damages resulting from climate change, one of many ongoing attempts across the country to hold oil and gas producers accountable for the impacts of greenhouse gas emissions. Boulder County and the city of Boulder…