judge steve bernard
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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 justices confirm lawyers may ‘borrow’ allegations from elsewhere
The Colorado Supreme Court ruled on Monday that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to…
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$3 million penalty upheld against for-profit college following half-decade of appeals
Colorado’s second-highest court upheld a $3 million penalty against a defunct for-profit college on Wednesday, agreeing the state had proven multiple violations of its consumer protection law. The Court of Appeals’ decision against CollegeAmerica followed a trial judge’s order in 2020, an appellate decision in 2021, a state Supreme Court opinion in 2023 and a…
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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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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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Colorado Supreme Court clarifies requirements of child prostitution offense
The Colorado Supreme Court waded into a split that developed in the state’s second-highest court, clarifying on Monday that prosecutors do not need to prove a defendant intended specifically for a child to be prostituted in order to secure a conviction. Under Colorado law, soliciting for child prostitution is an offense that requires someone to…
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Denver judge made custody decision without notice to father, appeals court finds
Colorado’s second-highest court overturned a Denver judge’s custody order on Thursday after finding the children’s father received no notice the judge actually intended to take testimony and make a decision at an advertised “status conference.” The grandmother of two children filed a custody petition in November 2023 after the death of her daughter — the children’s…
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Colorado justices to hear cases on ‘borrowed’ allegations, policyholders’ failure to cooperate
The Colorado Supreme Court announced on Monday that it will hear an appeal asking whether lawyers can incorporate allegations from other lawsuits into their own complaints without personally speaking with witnesses in the prior cases first. At least three of the court’s seven members must agree to hear a case on appeal. The justices will…