judge terry fox
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Colorado justices say group that spent $4M on ballot initiatives does not have to disclose donors
The Colorado Supreme Court ruled on Monday that an organization that spent $4 million to advocate on ballot initiatives in the 2020 election is not required to disclose its donors and spending. The Supreme Court acknowledged that multiple factors suggested Unite for Colorado was a group whose “major purpose” was ballot issue advocacy. However, because…
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Colorado justices agree fraud claims belong in corporate dispute
The Colorado Supreme Court decided on Tuesday that a corporate plaintiff validly pursued fraud claims over conduct that was not covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty, independent from any contract,…
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Colorado justices consider whether fraud claims belong in corporate dispute
The Colorado Supreme Court considered on Tuesday whether it is possible for a corporate plaintiff to pursue fraud claims over conduct that could be covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty,…
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Colorado appellate judges, lawyers hold annual conference | APPELLATE UPDATE
Appellate judges and attorneys gathered in Denver on Friday to discuss recent trends, exchange tips and clarify confusing areas of practice. “One of the things I really had to focus on, coming from the trial court, is that my inclination before was to make sure things are raised and people were getting their questions answered.…
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Colorado Supreme Court narrows consumer protection law for insurance claims
The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Colorado justices splinter over approach to sentencing review
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
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…