judge w. eric kuhn
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
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A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Colorado justices to hear cases on grandparent visitation, lawyers’ neglect in appealing on time
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The Colorado Supreme Court announced on Monday that it will decide whether two grandparents are entitled to seek visitation of their grandchildren following their adoption by the other set of grandparents, and also how strictly to hold lawyers to the deadline for filing appeals. At least three of the court’s seven members must agree to…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
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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…
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Appeals court divided over meaning of judge’s parenting order
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Colorado’s second-highest court was split last week over whether to uphold an Arapahoe County judge’s parenting order, with two appellate judges interpreting the language differently than the parties and the third appellate judge. In the underlying case, the county filed a child neglect case on behalf of a 4-year-old girl. At an October 2023 hearing,…
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Divided appeals court upholds $111,600 restitution order in Denver murder case
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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…
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Colorado justices to answer sentencing question for defendants in community corrections
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The Colorado Supreme Court announced on Monday it will decide whether to overrule its 33-year-old conclusion that defendants serving time in a non-residential community corrections program are not entitled to deduct that time if they are resentenced to prison. At least three of the court’s seven members must agree to hear a case on appeal.…
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Appeals court finds no connection to local government necessary to enforce open meetings law
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For the first time, Colorado’s second-highest court ruled last week that every person in the state may challenge governmental compliance with the open meetings law, regardless of whether they have a connection to the government body at issue. In 2014, state legislators amended the open meetings law to allow “any person” whose rights were denied…
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Colorado Supreme Court, 4-3, makes it easier for late-filed home insurance claims to proceed
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The Colorado Supreme Court made it easier on Monday for homeowners to file damage claims with their insurance companies outside the deadline in their policies. By 4-3, the justices applied a rule they had previously extended to limited circumstances requiring insurers to show their ability to investigate and defend against a homeowner claim is harmed…
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Colorado Supreme Court, 4-3, makes it easier for late-filed home insurance claims to proceed
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The Colorado Supreme Court made it easier on Monday for homeowners to file damage claims with their insurance companies outside the deadline in their policies. By 4-3, the justices applied a rule they had previously extended to limited circumstances requiring insurers to show their ability to investigate and defend against a homeowner claim is harmed…
