justice brian boatright
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Colorado Supreme Court weighs whether lifetime sex offender registration amounts to ‘punishment’
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Members of the Colorado Supreme Court appeared wary last week of deeming lifetime sex offender registration “punishment,” even as they heard about the inescapable consequences for a person’s liberty and privacy. Under Colorado law, “sexually violent predators” are subject to lifetime sex offender registration. To qualify, they must be 18 years or older, convicted of certain offenses,…
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Justices consider where to draw line on experts testifying about child witnesses’ honesty
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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 field questions about values, disagreement at East High School
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Members of the Colorado Supreme Court fielded probing — and in some instances, tough — questions from East High School students on Thursday, including how the court balances existing law with “evolving social values.” “Often what we’re looking at is what the General Assembly has given to us in the form of a statute,” said…
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Colorado justices concerned about blocking self-represented prisoners from pursuing claims due to lack of resources
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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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Colorado justices, 5-2, conclude prior version of ‘3 strikes’ law satisfied Constitution
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The state’s highest court ruled on Monday that the version of Colorado’s “three strikes” law that was in effect before this year was constitutionally compliant, notwithstanding a recent U.S. Supreme Court decision that prompted the legislature to change how defendants are sentenced. Known as the Habitual Criminal Act, Colorado’s law requires judges to impose three or…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices side with medical malpractice victim in calculating damages owed
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The Colorado Supreme Court on Monday rejected a doctor’s argument that would have limited the amount of money a patient severely injured at birth would receive for his successful medical malpractice lawsuit two decades later. Under state law, damages in medical malpractice cases are generally capped at $1 million as part of a 1988 reform…
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Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state’s crime victim restitution law does not obligate defendants to repay law enforcement agencies for unrecovered money they use to buy drugs undercover. The government maintained the restitution law authorized the repayment of “buy money” because it was either “money advanced by law enforcement…
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Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more
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The Colorado Supreme Court’s most visible decision of its recently concluded term may actually be the one it made five years ago. In 2020, with the retirement of then-Chief Justice Nathan B. Coats, the court’s other members decided to switch to a rotational method of filling the seat, with the judicial branch’s top job term-limited…
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Divided Colorado Supreme Court: Grandparents no longer ‘grandparents’ after grandchildren’s adoption
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The Colorado Supreme Court ruled on Monday that a child’s grandparents are no longer legally “grandparents” who are able to seek visitation once their grandchild’s adoption has been finalized to a new set of parents. By 4-3, the court concluded the law enabling grandparent visitations applies to a person who “is the parent” of a…
