judge timothy schutz
-
Divided appeals court upholds $111,600 restitution order in Denver murder case
Colorado’s second-highest court last week upheld a Denver judge’s crime victim restitution order as valid, but with continued disagreement over how to apply the Supreme Court’s recent guidance about the state’s restitution law. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must provide the requested amount by the time…
-
Ethics, family law and AI: Colorado’s justices, judges speak about appellate do’s and don’ts
During a pair of events earlier this month, one for young lawyers and one for appellate attorneys more broadly, several of Colorado’s judges and justices provided commentary on subjects ranging from professionalism and artificial intelligence to key developments within the judiciary. Chief Justice Brian D. Boatright also disclosed he will swear in Justice Monica M. Márquez on July…
-
Appeals court warns that prosecutor’s comments about her, victims’ race were improper
Colorado’s second-highest court on Thursday agreed an Arapahoe County prosecutor did not intentionally dismiss a Hispanic juror for race-based reasons, but her attempt to justify the removal by citing her own race and the race of the victims was improper. A three-judge panel for the Court of Appeals noted the prosecutor, in dismissing the Hispanic…
-
Appeals court: Defendant’s traumatic brain injury not a basis for finding life sentence unconstitutional
Despite the state legislature’s recognition that traumatic brain injuries lead to a greater risk of involvement with the criminal justice system, Colorado’s second-highest court on Thursday ruled such injuries do not make a defendant’s life sentence cruel and unusual. Stanley Paul Jurgevich, who is serving life in prison with the possibility of parole for his 1988…
-
Appeals court: Defendant’s traumatic brain injury not a basis for finding life sentence unconstitutional
Despite the state legislature’s recognition that traumatic brain injuries lead to a greater risk of involvement with the criminal justice system, Colorado’s second-highest court on Thursday ruled such injuries do not make a defendant’s life sentence cruel and unusual. Stanley Paul Jurgevich, who is serving life in prison with the possibility of parole for his 1988…
-
Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: • Can a defendant’s plea agreement relinquish…
-
Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: • Can a defendant’s plea agreement relinquish…
-
Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: ? Can a defendant’s plea agreement relinquish…
-
Divided appeals court says local governments may authorize noise limits exceeding state law
Colorado’s second-highest court ruled for the first time earlier this month that local governments may authorize noise permits for activities on private property that exceed the levels set in state law. By 2-1, a three-judge panel of the Court of Appeals concluded the state’s Noise Abatement Act allowed the city of Salida to issue outdoor…
-
Divided appeals court says local governments may authorize noise limits exceeding state law
Colorado’s second-highest court ruled for the first time earlier this month that local governments may authorize noise permits for activities on private property that exceed the levels set in state law. By 2-1, a three-judge panel of the Court of Appeals concluded the state’s Noise Abatement Act allowed the city of Salida to issue outdoor…