judge timothy schutz
-
Colorado Supreme Court to hear murder, noise pollution, fentanyl cases
The Colorado Supreme Court announced on Monday it will decide whether a man can be tried a second time for murder after jurors rendered a verdict that made no sense if they had followed their instructions. At least three of the seven justices must agree to hear a case on appeal. The court also elected…
-
Colorado justices say no automatic reversal when jury convicts on different crime than charged
The Colorado Supreme Court ruled on Monday there is no automatic reversal of a defendant’s convictions if jurors rely on instructions that outline a different crime than the one prosecutors charged in the first place. The justices concluded that such a change, known as a “constructive amendment,” does not fall in the category of structural…
-
Divided appeals court takes no issue with lack of child welfare services to incarcerated father
Colorado’s second-highest court ruled on Thursday that even if a child welfare caseworker could have rehabilitated a father by facilitating visitation time and drug treatment while he was incarcerated, the lack of services was excusable because the man likely would not have taken advantage of them anyway. By 2-1, a three-judge panel of the Court…
-
Appeals court rules man cannot use ex-wife’s 16-year-old email to avoid $233,000 in child support
Colorado’s second-highest court ruled last week that a man could not rely on his ex-wife’s onetime statement that “you don’t need to pay me child support” to get out of paying $233,000 over the subsequent 16 years. A three-judge panel for the Court of Appeals evaluated for the first time whether James Gallo could invoke…
-
Appeals court reinstates man’s lawsuit challenging $600 open records fee
Colorado’s second-highest court on Thursday directed a trial judge to evaluate whether the state’s health department responded reasonably by imposing a $600 fee on a man’s request for records about the administration of ketamine by paramedics. At the same time, a three-judge panel for the Court of Appeals took umbrage at the inflammatory language Frank…
-
Appeals court to trial judges: the buck stops with you to make a decision on magistrates’ work
Colorado’s second-highest court on Thursday reminded trial judges their role in reviewing the decisions of magistrates requires them to take the final action, not to send an issue back to a magistrate for further work. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
-
Divided appeals court strikes down campaign disclosure requirement in Colorado law
Colorado’s second-highest court on Thursday concluded the state’s requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. By 2-1, a three-judge panel of the Court of Appeals believed there was no material benefit to the public from knowing who the registered agents are…
-
Appeals court again reminds Colorado prosecutors to submit restitution requests on time
Colorado’s second-highest court on Wednesday once again reminded prosecutors and trial judges to pay attention to the deadlines for crime victim restitution in state law, the latest in a series of decisions cracking down on deviations from the restitution process. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must…
-
Colorado Supreme Court, 5-2, says no new trial following ‘overt, in-court racism’
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…