judge ted tow
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
Two members of Colorado’s second-highest court warned in separate cases on Thursday that they believe judges are drifting away from the legislature’s directive for evaluating whether defamation lawsuits should be dismissed under a 2019 law designed to protect free speech. More than two years ago, Judges Ted C. Tow III and Michael H. Berger were…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Colorado justices weigh constitutional implications of livestreaming criminal trials
With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Appeals judge slams Denver prosecutor for ‘Dexter’ references at trial
One member of Colorado’s second-highest court criticized a Denver prosecutor on Thursday for repeatedly comparing a defendant’s actions to the television show “Dexter” during a jury trial. A three-judge panel for the Court of Appeals declined to order a new murder trial for defendant Joseph Alden Corey. The majority conceded the prosecutor’s references to a…
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Colorado appeals judge says lawyers should respect and use gender pronouns
One member of Colorado’s second-highest court told attorneys on Wednesday that state law and the principles of the legal profession require them to be respectful of others’ gender identities, notwithstanding the inevitable mistakes that are made in good faith. “I will be the first to tell you the legal system has a long way to…
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Montezuma County man’s drug conviction overturned because prosecution presented skewed narrative
Colorado’s second-highest court last week overturned a Montezuma County man’s drug conviction after concluding a judge allowed the prosecution to present a misleading version of what happened during the defendant’s arrest. At the 2022 trial of Ramon Alberto Dejesus III, jurors saw a series of largely muted videos depicting Dejesus’ arrest and booking into jail. At…
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Colorado Springs not liable for collision resulting from inoperative traffic light, appeals court says
Colorado’s second-highest court ruled last month that the city of Colorado Springs cannot be held liable for a vehicle crash in which traffic lights were functioning normally in one direction and were inoperative in the perpendicular direction. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. Its…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…
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Colorado Supreme Court considers whether refunds available for CSU’s pandemic campus closure
The Colorado Supreme Court considered on Wednesday whether students at Colorado State University had a viable claim for refunds after the school closed its campus temporarily during the COVID-19 pandemic while still retaining their fees. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…