justice carlos samour
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Colorado justices consider whether to restore $5.7 million award to RTD subcontractor
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Members of the Colorado Supreme Court considered last week whether the Court of Appeals incorrectly threw out a $5.7 million award to a company that helped build a commuter rail line and, in doing so, deterred public works contractors from seeking to recover money they are owed through the process envisioned in state law. Ralph…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
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Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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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 addresses ‘weaponization’ of paraprofessional program by loosening rules
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The Colorado Supreme Court recently revised the rules governing the state’s relatively new legal paraprofessional program after hearing complaints that procedural barriers were preventing adequate representation of clients and generating unnecessary courtroom disputes. Last year, the court hosted a groundbreaking inauguration of a new category of legal workers: licensed legal paraprofessionals. Fifty-nine LLPs took the oath…
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Colorado justices: El Paso County judge erred by removing prosecutor for comments about stabbing public defenders
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The Colorado Supreme Court, by a 5-1 vote, concluded on Monday that an El Paso County judge mistakenly removed a prosecutor from a murder case after he was overheard saying he hoped the defendant would stab public defenders if he were released from custody. As the prosecution and the defense litigated Rocky Wayne West’s competency…
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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 Supreme Court considers right to self-defense in workplace
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Members of the Colorado Supreme Court seemed open on Tuesday to recognizing a right for employees to use smeelf-defense in the workplace without facing termination. “It may be shoplifting, but if it’s a self-defense situation and you’re reasonably in danger of serious injury or death, why should the employer make that choice for the employee…
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Colorado justices consider whether man can be convicted for convincing mom to lie for him
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There was no dispute that Michael Thomas Hupke asked his mother to lie to his parole officer on his behalf. Further, Hupke acknowledged Mesa County prosecutors could have charged him as an accomplice to his mother’s deceit, or for soliciting her to do it. But Hupke maintained prosecutors could not do what they actually did:…
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‘Mental gymnastics’: Lawyers, judge dissect Colorado Supreme Court’s racial bias rule for jury selection
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Lawyers from the prosecution and defense communities, along with a trial judge, attempted on Thursday to demystify a recent rule change addressing racial discrimination in criminal jury selection, with some head-scratching about what the Colorado Supreme Court had actually done. “The proposal initially was not to clarify a complicated area of law, but was an…
