judge terry fox
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
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Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…
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Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
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The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
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Colorado Supreme Court, 5-2, says no new trial following ‘overt, in-court racism’
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The Colorado Supreme Court concluded on Monday that a Black defendant did not deserve a new trial after one juror disclosed he moved to the overwhelmingly White jurisdiction because he “didn’t want diversity,” and the trial judge refused to dismiss him for bias. By 5-2, the court believed Reginald Keith Clark had not shown the…
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Appeals court splits with itself on statewide noise limits, sets up Supreme Court intervention
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Colorado’s second-highest court on Thursday set the stage for Supreme Court intervention by finding local governments cannot authorize concerts on private, for-profit land to exceed noise limits under state law — three months after another set of appellate judges reached the opposite conclusion. A three-judge panel for the Court of Appeals concluded the state’s Noise Abatement Act…
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Weld County drug conspiracy conviction overturned due to lack of conspiracy
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Weld County prosecutors did not prove a man was guilty of a conspiracy to distribute because the onetime, aborted transaction of an ounce of methamphetamine could not support the concept of “conspiracy,” Colorado’s second-highest court ruled on Thursday. Jessie Rodriguez Sr. is serving a four-year prison sentence following his conviction in 2022. An undercover law…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Colorado appeals court upholds fine, requirement for ‘dark money’ group to disclose spending
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Colorado’s second-highest court on Thursday agreed a group that spent $4 million backing conservative causes on the ballot in 2020 is required to disclose its contributions and spending, and pay a $40,000 fine for failing to register as an advocacy group. A trial judge previously believed Unite for Colorado, which spent roughly $17 million during…
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Divided appeals court upholds Denver child sex assault conviction
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Colorado’s second-highest court upheld a man’s sex assault conviction earlier this month, although there was disagreement between appellate judges about whether jurors properly evaluated damaging evidence of the defendant’s conduct in light of his unusual defense at trial. A Denver jury convicted Mohammed Diawarra in 2021 for sexual assault on a child after he impregnated an…
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Colorado Supreme Court draws line on financial penalties for firm-switching lawyers
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Law firms may not require departing attorneys to pay a fixed amount for every client they take with them, unconnected to the firm’s actual expenses, the Colorado Supreme Court ruled on Tuesday. Under the Colorado Rules of Professional Conduct for attorneys, law firms generally cannot enter into an agreement that “restricts the right of a lawyer to…