judge timothy schutz
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. 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…
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Divided appeals court orders insurance company to pay $35,600 for delayed disclosure of policy
Colorado’s second-highest court concluded on Thursday that an insurance company violated state law when it refused to disclose an automobile policy to an injured motorist for nearly one year after she requested it. By 2-1, a three-judge Court of Appeals panel held that Esurance Property & Casualty Insurance Company had an obligation to hand over…
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Colorado justices say utilities commission overreached by immunizing Xcel in rate document
Xcel Energy cannot rely upon a rate-setting document to broadly immunize itself from liability against electrocutions, the Colorado Supreme Court ruled on Monday. The justices originally heard the electrocution-related lawsuit from Francisco Cuevas to decide whether Xcel’s tariff, which sets the rates and terms of service for its customers, shielded the utility from liability when…
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Colorado Supreme Court to hear cases on insurance coverage for COVID, witness credibility
The Colorado Supreme Court announced on Tuesday that it will decide the degree to which a virus or other hazard must affect a commercial property before it can trigger loss-or-damage coverage under an insurance policy. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one…
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Appeals judge urges restraint in labeling new offenses serious across board
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
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
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
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
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
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…