justice brian boatright
-
Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
—
by
Members of the Colorado Supreme Court struggled on Tuesday to balance the need for one defendant to shield itself against a plaintiff’s claim that its employee sexually assaulted her child, and the fact that the employee legally admitted the allegations against him by failing to participate in nearly all of the civil case. A plaintiff…
-
Colorado Supreme Court lifts curtain on decision-making at legal event
—
by
Members of the Colorado Supreme Court sat down with lawyers on Wednesday to answer questions about behind-the-scenes topics, including what happens immediately after an appeal is argued, why they might intervene in an ongoing case, and the consequence of a majority flipping from one side to the other. “This is what happens when the court…
-
Colorado justices, by 5-2, say Longmont detective did not violate suspect’s Miranda rights
—
by
The Colorado Supreme Court’s majority ruled on Monday that a Longmont detective did not coerce a suspect into talking by making references to how a judge would look at his character, and by suggesting he may get out of prison “in time to see your son’s prom.” Under the landmark U.S. Supreme Court decision Miranda…
-
Colorado justices find Fort Collins police lacked probable cause to arrest suspect in park
—
by
The Colorado Supreme Court agreed on Monday that Fort Collins police lacked probable cause to arrest a man for a child sex offense based on his presence in a public park around the time they intended to meet with their unknown suspect. In May 2021, police interviewed a 14-year-old girl who alleged she met a…
-
Colorado justices uphold shooting conviction despite jury saying defendant not the shooter
—
by
The Colorado Supreme Court ruled on Tuesday that a man can stand convicted of murder, even though jurors found he was not the one who shot the victim and the evidence suggested he was not present for the shooting. There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017.…
-
Colorado justices skeptical that intimate messages relevant to assault case
—
by
Members of the Colorado Supreme Court seemed to agree on Tuesday that a Douglas County judge acted reasonably by blocking evidence of a defendant’s BDSM-related conversations with the victim in his trial for assault and false imprisonment. Jurors found Donald Louis Gerle guilty in 2022. In the prosecution’s telling, Gerle began beating his alleged victim following…
-
Colorado justices question process for parole board appeals
—
by
The Colorado Supreme Court considered on Tuesday whether criminal defendants whose parole is revoked must appeal the decision internally to the state’s parole board before seeking review by a judge. The process for returning someone to incarceration for violating the conditions of their parole first entails a hearing by one member of the Colorado State…
-
Divided Colorado Supreme Court curtails use of laced-substances defense
—
by
The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…
-
Colorado justices weigh constitutionality of student backpack search based on confidential tip
—
by
The Colorado Supreme Court considered on Wednesday whether a tip submitted through the state’s confidential school safety system provided a Douglas County administrator with reasonable suspicion to search a student’s backpack for drugs. A trial judge blocked evidence from the search from being used against the child, prompting the district attorney’s office to appeal directly…
-
Colorado justices wary of expanding rezoning by ballot initiative
—
by
The Colorado Supreme Court appeared wary on Wednesday of allowing rezonings of planned-unit developments to occur through a vote at the ballot box, rather than a municipality’s detailed review process that accounts for specific factors. In contrast to traditional, or “Euclidean,” zoning that separates land uses by type, planned-unit developments are based on negotiated agreements on…
