judge timothy schutz
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Supreme Court justice, appeals judge spar over authority to decide issues | APPELLATE UPDATE
One of Colorado’s Supreme Court justices and a member of the Court of Appeals debated on Friday about how far appellate judges should go when deciding cases using reasons that are different from the ones the litigants argued in court. Justice Richard L. Gabriel described the “party presentation principle” as stemming from the idea that…
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Appeals court finds Denver judge relied on unsupported facts to restrict man’s parenting time
Colorado’s second-highest court concluded last week that a Denver judge made “clearly erroneous” findings about a father’s sobriety and his request for parenting time when she imposed strict conditions on visitations with his children. Following a virtual April 2024 hearing in which both parents were without a lawyer, then-District Court Judge Jennifer Torrington issued an…
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Appeals court rules dead witness’s prior testimony may be used in criminal case
Colorado’s second-highest court clarified for the first time last week that a witness who testifies in a civil case, but who dies before a related criminal case goes to trial, may have their testimony used in the criminal proceedings. A three-judge Court of Appeals panel concluded that if the criminal defendant had a “full, fair,…
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Colorado Supreme Court weighs Xcel’s liability for man’s electrocution
The Colorado Supreme Court appeared hesitant on Tuesday to endorse the idea that the state’s utility regulator could use a rate-setting document to broadly immunize a company from liability against electrocutions. Francisco Cuevas, the owner of Outdoor Design Landscaping, was hanging Christmas lights at a Lakewood woman’s home in late 2017 when he received a debilitating…
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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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Appeals judge slams Denver prosecutor for ‘Dexter’ references at trial
One member of Colorado’s second-highest court criticized a Denver prosecutor on Thursday for repeatedly comparing a defendant’s actions to the television show “Dexter” during a jury trial. A three-judge panel for the Court of Appeals declined to order a new murder trial for defendant Joseph Alden Corey. The majority conceded the prosecutor’s references to a…
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Mesa County judge wrongly ordered murder defendant to pay $3,600 for DNA testing, says appeals court
A Mesa County judge improperly ordered a defendant to pay nearly $3,600 for DNA testing in his homicide prosecution without a legal basis for doing so, Colorado’s second-highest court ruled last month. Richard Alan VanderVelde pleaded guilty in 2023 to second-degree murder and related offenses after killing his mother, Sylvia Frens, in 2018. Although VanderVelde was…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
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Colorado Supreme Court to decide whether to retreat on landmark restitution ruling
The Colorado Supreme Court will incorporate an unorthodox twist into its oral argument calendar this week, hearing five cases that all revolve around the same subject: Was the court serious when it said three years ago that judges who do not follow the law lose their authority to order criminal defendants to pay restitution? In…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…