judge terry fox
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Colorado justices consider whether fraud claims belong in corporate dispute
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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
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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
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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
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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
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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
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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
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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…