judge timothy schutz
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Appeals court rules civil trial over Kendrick Castillo’s death not required if STEM School pays max damages
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Colorado’s second-highest court determined on Thursday that a civil trial over the 2019 shooting death of Kendrick Castillo is not required after the defendant agreed to pay the maximum damages available to Castillo’s parents, without admitting liability. John and Maria Castillo, the parents of Kendrick, sued STEM School Highlands Ranch in 2021, two years after…
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Justices consider where to draw line on experts testifying about child witnesses’ honesty
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Members of the Colorado Supreme Court considered last week how far an expert witness can go in suggesting to a jury that another witness is being truthful, which is generally forbidden. Previously, the state’s Court of Appeals believed a defendant who “persistently” argues an adult influenced a child victim to lie has opened the door…
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Colorado justices concerned about blocking self-represented prisoners from pursuing claims due to lack of resources
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When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that would have called his responsibility for a 2013 bank robbery into question. The state’s Court of Appeals rejected his petition, reasoning Townsell had not shown how the…
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Chief justice talks about threats, appeals judge seeks ruling on reasonable doubt | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Colorado’s chief justice spoke about the threats the state Supreme Court received in the wake of a high-profile decision two years ago, and one appellate judge is asking the Supreme Court to get behind a single reasonable doubt definition. Judicial…
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Appeals court rules Fremont County must compensate victims of jail deputy’s sexual misconduct
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Colorado’s second-highest court concluded last week that Fremont County is responsible for paying $128,357 to two women who were victims of a jail deputy’s sexual misconduct. Samantha Hudnall and Marisa Palmas sued former Deputy Brandon Lucero for violating their rights under the Colorado Constitution. Lucero failed to respond to the allegations and a trial judge…
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Colorado Supreme Court walks back decision allowing localities to broadly permit violations of noise limits
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The Colorado Supreme Court concluded on Monday that the state’s noise pollution law does not allow local governments to categorically permit any entity to host events on private property that exceed the statewide decibel limits. The question had divided the state’s Court of Appeals, with one appellate panel deciding localities do have broad permitting power…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
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Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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Douglas County judge wrongly blocked man from de-registering as sex offender due to alleged ‘smirk,’ appeals court finds
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A Douglas County judge acted improperly by refusing to grant a defendant’s request to de-register as a sex offender a quarter-century after his offense because the man allegedly “smirked” at a hearing, Colorado’s second-highest court ruled on Thursday. David Arthur Kosak pleaded guilty in 2001 to one felony and one misdemeanor count related to sexual…
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Defendant’s ‘train wreck’ of a statement prompts appeals court to order new trial
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Colorado’s second-highest court ordered a new trial on Thursday for a defendant whose 16-minute statement mid-trial, which had no basis in criminal procedure and was described by one judge as a “train wreck,” resulted in a constitutionally unfair proceeding. Jefferson County prosecutors charged Riddick Amoako-Asiamah with large-scale marijuana cultivation or distribution based on the substantial amount…
