judge terry fox
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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…
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Lakewood must release police body cam footage of teen’s fatal shooting, appeals court rules
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Colorado’s second-highest court ruled last week that Lakewood is obligated to release body-worn camera footage of police fatally shooting a 17-year-old girl, notwithstanding her surviving family’s objections. A three-judge Court of Appeals panel interpreted a key transparency requirement in Colorado’s landmark police accountability law from 2020. Judge Timothy J. Schutz wrote that legislators crafted “a…
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Colorado Supreme Court weighs time to sue for minimum wage violations in absence of directive
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With the state’s minimum wage law silent on the subject, the Colorado Supreme Court attempted to figure out on Tuesday how much time workers have to file claims against their employers. There were seemingly two options: Up to three years from the violation, as is the case for claims under the neighboring Colorado Wage Claim Act;…
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Despite 2020 change, Colorado justices rule positive drug test alone can lead to child neglect finding
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A divided Colorado Supreme Court ruled on Tuesday that a newborn’s positive drug test by itself can lead to a finding of child neglect, even though legislators amended the law five years ago to eliminate that trigger. The legal debate centered on the wording lawmakers chose to replace the previous understanding that a child is neglected when…
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Appeals court says Xcel may be held liable for ‘felonious killing’ after Aurora home exploded
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Colorado’s second-highest court ruled last week that corporations in general — and Xcel Energy specifically — may be held liable for “feloniously killing” a person, meaning the cap that exists in state law will not apply to a jury’s award. After a 2023 trial, Denver jurors awarded the children of Carol Ross $15 million in noneconomic…