judge terry fox
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Colorado justices splinter over approach to sentencing review
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Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
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Colorado’s second-highest court voided a defendant’s obligation to pay more than $66,000 in crime victim restitution last week, finding a Mesa County judge neglected to follow the process laid out in state law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so, prosecutors generally need to…
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Colorado Supreme Court to examine whether corporations can be liable for ‘felonious killing’
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The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Colorado justices ponder scope of law curbing insurers’ ability to allege failure to cooperate
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Members of the Colorado Supreme Court pondered a question last week that could have sweeping ramifications for those making insurance claims: When the legislature required insurance companies to take certain steps before accusing policyholders of failing to cooperate in an investigation, do those protections apply to every request an insurer might make? Leading up to…
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Colorado justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
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Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
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Colorado justices weigh disclosure requirements for ballot initiative spending
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Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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Appeals court overturns assault conviction due to Arapahoe County prosecutor’s misconduct
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Colorado’s second-highest court ordered a new trial on Thursday after concluding an Arapahoe County prosecutor’s improper commentary about a defendant’s constitutional right to silence undermined the fairness of his trial. A three-judge Court of Appeals panel acknowledged it was fair game for the prosecution to cross-examine defendant Dominic Jorge Martinez about inconsistencies between his trial…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices decide shorter timeline applies to lawsuits alleging minimum wage violations
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The Colorado Supreme Court ruled on Monday that plaintiffs alleging their employer violated the state’s minimum wage law have up to three years to file a lawsuit and not, as the appeals court believed, six years. With Colorado’s Minimum Wage Act silent on the subject, the justices were confronted with two options: Justice Maria E.…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
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The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
