justice carlos samour
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Colorado justices weigh overlap between child prostitution offenses
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Members of the Colorado Supreme Court last week appeared willing to uphold a man’s conviction for an attempted child prostitution offense, which the state’s second-highest court previously found to be a violation of his right to equal protection under the law. An El Paso County jury convicted Javier Vega Dominguez of two attempted child prostitution…
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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 Supreme Court struggles with rubric for significant reductions in parenting time
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The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
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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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Arapahoe County law enforcement improperly obtained confidential medical records, justices find
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Law enforcement in Arapahoe County improperly obtained a criminal defendant’s confidential medical records and cannot use them in her child abuse prosecution, the Colorado Supreme Court ruled on Monday. The justices also declined to say whether the body-worn camera footage of a police officer who was present during the defendant’s treatment was similarly protected by…
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Colorado justices rule Larimer County judge wrongly denied competency second opinion to defendant
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The Colorado Supreme Court determined on Monday that a Larimer County judge had no choice but to permit a doctor to give their second opinion on a criminal defendant’s competency to proceed, even though he had received numerous such evaluations in the past. Justice Carlos A. Samour Jr., in the Jan. 12 decision, noted that…
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Colorado Supreme Court holds municipal sentences may not be greater for identical state crimes
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The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the Dec. 22 opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
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Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Justices debate what to do when governments withhold key info from plaintiffs
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Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
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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…
