justice brian boatright
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Divided Colorado Supreme Court upholds police’s pat-down of man in ‘wrong place at the wrong time’
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The Colorado Supreme Court decided on Tuesday that police had not unlawfully seized a man when they patted him down in a chance encounter after he suddenly appeared outside the motel room where they were preparing to make an arrest. By 5-2, the justices believed Oscar Jonas Ganaway consented to the pat-down search, which resulted in…
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‘Dabs made me do it?’ Colorado justices ponder when defendants can rely on laced drugs as defense
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Members of the Colorado Supreme Court struggled last week to determine where to draw the line between allowing defendants to argue they unwittingly consumed a substance that caused them to engage in criminal behavior, while also preventing a wave of unsubstantiated claims about laced drugs. Under state law, “involuntary intoxication” is an affirmative defense, meaning…
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Colorado justices ponder whether defendants must repay money police use for drug buys
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If undercover police officers buy drugs from a suspected drug dealer, but they let him leave with the money and never recover it, is the defendant obligated to repay the amount as crime victim restitution? Members of the Colorado Supreme Court grappled with the question on Thursday, with multiple justices wondering how the state’s restitution…
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Colorado justices talk about their jobs, obligation to be non-political in El Paso County school visit
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The Colorado Supreme Court traveled to El Paso County on Thursday, where members fielded questions from high school students on topics that included how they got their seats, what they do to relax, and the best and worst parts of the job. “I honestly think the worst part of our job is we deal with…
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Colorado justices, 5-2, rule jury may consider victim’s suicidality in fentanyl distribution case
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The Colorado Supreme Court ruled on Monday that a 2022 state law allows jurors to hear about a victim’s suicidal intentions when determining if a defendant is guilty of selling fentanyl and causing the victim’s death. The justices interpreted for the first time a relatively new law imposing harsher penalties for those who distribute the synthetic opioid…
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Federal, state judges give the do’s and don’ts of criminal appeals | APPELLATE UPDATE
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Members of the state and federal appeals courts based in Denver spoke to attorneys on Friday about strategies for properly litigating criminal appeals, including how to make arguments based on body-worn camera footage. Justice Brian D. Boatright, Judge Karl L. Schock of the Court of Appeals and Judge Gregory A. Phillips of the U.S. Court…
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Divided Colorado Supreme Court rules government can re-evaluate juvenile defendants without court order
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state may rely upon its evaluation of a juvenile defendant who was previously found not competent to proceed, even though the evaluation happened without a judge’s order. The clarification took on significance because of a 2023 law that enacted protections for juveniles who receive…
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Colorado justices hear about broad support for juvenile rules package, with one legal hitch
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Members of the Colorado Supreme Court heard on Wednesday that a long-running group effort to revise the rules of juvenile procedure has culminated in an acceptable package of changes — including a proposed answer to one disputed legal question pending before the justices. During a public comment hearing and in written remarks submitted beforehand, members of the court…
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Colorado Supreme Court considers father’s window to sue over daughter’s injury, death
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Facing a confusing matrix in state law, members of the Colorado Supreme Court attempted to sort out on Wednesday how long a father had to sue after his daughter was rendered unconscious and later died from a vehicle accident. Danielle Nicola was crossing a Grand Junction street one night in November 2018 when a driver…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
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For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…