judge sarah wallace
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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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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Colorado Supreme Court intervenes in 4 ongoing cases
The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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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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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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Netflix subscriptions may be taxed as ‘tangible’ property, appeals court rules
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…
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Dissenting justices in Trump case raise due process concerns, offer slim details
When the Colorado Supreme Court decided, 4-3, on Tuesday that Donald Trump is constitutionally disqualified from the 2024 primary ballot because he engaged in insurrection, two of the dissenting justices voiced concerns about the former president’s right to due process. “From my perspective, just because a hearing was held and (Trump) participated, it doesn’t mean…
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Colorado justices grapple with unprecedented possibility of disqualifying Trump from ballot
Members of the Colorado Supreme Court on Wednesday appeared hesitant to be the first in the nation to declare Donald Trump ineligible to appear on next year’s ballot under a constitutional provision generally barring insurrectionists from holding office. At the same time, the justices were critical of Trump’s arguments for keeping him on the ballot,…
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As appeals flow into Colorado Supreme Court, Trump disqualification ruling faces scrutiny
In the hours and days after a Denver judge found Donald Trump remains eligible for the 2024 presidential ballot despite engaging in an insurrection, her reasoning has come under scrutiny from legal scholars and the parties on both sides of the litigation, who are now seeking review of the decision. On Friday, in response to…