justice elena kagan
-
10th Circuit reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
—
by
The Denver-based federal appeals court revived a Westminster woman’s lawsuit against her former employer on Monday, noting a recent U.S. Supreme Court decision lowered the hurdle for proving employment discrimination. Bethany Scheer sued under the Americans with Disabilities Act and the related Rehabilitation Act, alleging her employer perceived her as disabled, mandated that she attend…
-
Colorado justice, law professor discuss uncharted territory for federal regulations in wake of SCOTUS precedent
—
by
Colorado attorneys heard on Tuesday that federal courts are in a “free-for-all” as they interpret recent U.S. Supreme Court precedent shifting power from executive agencies to judges to determine whether regulations are appropriate or not. “One of the dominant theories is that Congress delegates because it simply doesn’t have the time or the expertise to address…
-
Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
—
by
Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
-
10th Circuit, prosecution, defense all agree federal judge wrongly calculated sentence
—
by
After the prosecution and defense were in unusual agreement that a trial judge misapplied the law when determining if a prior conviction amounted to a violent crime, the federal appeals court based in Denver agreed this month that the defendant’s sentence could not stand. Kenneth Devereaux pleaded guilty in 2022 to the federal offense of…
-
Colorado policymakers eye revisions to speech-based criminal laws in response to SCOTUS decision
—
by
After the U.S. Supreme Court clarified on Tuesday that Colorado’s law criminalizing stalking fails to account for a defendant’s intent in making threatening comments, state policymakers suggested legislation may be warranted to balance the need to protect victims with the constitutional requirement to respect free speech. The state Supreme Court will also likely need to…
