judge terry fox
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Despite 2020 change, Colorado justices rule positive drug test alone can lead to child neglect finding
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
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…
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By 2-1, appeals court overturns some of defendant’s convictions in Denver gang shooting
Colorado’s second-highest court concluded earlier this month that prosecutors had not proven a defendant placed all alleged victims at risk of serious injury or death in a gang-related shooting, and therefore some of his convictions could not stand. Alejandro Garcia-Sanchez stood trial for an October 2019 shooting in northeast Denver. He was one of several…
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Appeals court clarifies defendants’ ability to claim they unknowingly ingested drugs
Colorado’s second-highest court clarified on Thursday that not every criminal defendant’s claim that they mistakenly ingested a different drug than the drug they thought they were taking will enable them to argue they were “involuntarily intoxicated.” An El Paso County jury convicted Karl Jeran Friday Williams in 2022 after he walked through a Colorado Springs neighborhood…
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Colorado justices to hear cases on ‘borrowed’ allegations, policyholders’ failure to cooperate
The Colorado Supreme Court announced on Monday that it will hear an appeal asking whether lawyers can incorporate allegations from other lawsuits into their own complaints without personally speaking with witnesses in the prior cases first. At least three of the court’s seven members must agree to hear a case on appeal. The justices will…
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Colorado Supreme Court questions 2020 change to child neglect laws
The Colorado Supreme Court pondered on Tuesday what the legislature meant to happen when it changed the state’s child neglect laws in 2020 to require more than a positive drug test at birth to deem a child neglected. The debate centered on the wording lawmakers chose to replace the previous condition that a child is neglected when…
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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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Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
A man serving a life sentence for murder will receive a new trial after Colorado’s second-highest court concluded last week that law enforcement unconstitutionally used a “shortcut” to unlock his phone in time for his original trial. In reaching its conclusion, a three-judge panel for the Court of Appeals rejected the idea that a cell…