justice carlos samour
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
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The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
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The Colorado Supreme Court concluded on Monday 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 that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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Colorado justices side with news organizations for disclosure of high-level child abuse data
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The Colorado Supreme Court ruled on Monday that the state must disclose the number of child abuse reports at individual group living facilities in response to an open records request, as the addresses are already in the public domain. The justices agreed that the Court of Appeals erred in resolving the case. But beyond that,…
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
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The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
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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…
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Colorado Supreme Court lifts curtain on decision-making at legal event
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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…
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SCOTUS whisperer? Justice Carlos Samour may get second opportunity to turn state dissent into national precedent
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For the second time in two years, Justice Carlos A. Samour Jr. occupies an unusual position: Having his dissent in a Colorado Supreme Court case potentially forming the basis of U.S. Supreme Court precedent. Earlier this week, the nation’s highest court accepted an appeal questioning whether plaintiffs may sue fossil fuel producers under state law…
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Colorado justices skeptical of challenge to water enterprises’ eminent domain power
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Members of the Colorado Supreme Court appeared receptive on Wednesday to the notion that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
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Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado justices weigh potentially faulty jury instruction in child abuse case
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Members of the Colorado Supreme Court questioned on Tuesday whether a San Miguel County jury convicted a defendant of child abuse resulting in death, even though the instructions potentially allowed jurors to avoid finding that the child abuse resulted in death. Previously, the state’s Court of Appeals reversed the convictions and 64-year prison sentence of…