justice brian boatright
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Colorado justices weigh constitutionality of student backpack search based on confidential tip
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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…
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Colorado justices wary of expanding rezoning by ballot initiative
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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…
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Colorado justices splinter over approach to sentencing review
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Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices hear pleas to expand attorney discipline for sexual misconduct
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Members of the Colorado Supreme Court heard from multiple commenters last week about the need to change the rules governing attorney regulation and discipline to allow for investigations of lawyers who committed unlawful sex acts at any point in their careers. The justices scheduled a Nov. 19 hearing to address proposed amendments to the rules…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
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Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
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Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
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Colorado justices weigh disclosure requirements for ballot initiative spending
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Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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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…