justice maria berkenkotter
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
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Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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Colorado justices weigh ‘cascade of errors’ in Arapahoe County murder trial
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There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017. At the trial of Davis’ suspected killer, jurors reached two conclusions. First, they believed he was guilty of second-degree murder for causing Davis’ death. Second, they were asked whether the defendant used a gun. No, said the jury, he…
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Colorado justices decide shorter timeline applies to lawsuits alleging minimum wage violations
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The Colorado Supreme Court ruled on Monday that plaintiffs alleging their employer violated the state’s minimum wage law have up to three years to file a lawsuit and not, as the appeals court believed, six years. With Colorado’s Minimum Wage Act silent on the subject, the justices were confronted with two options: Justice Maria E.…
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Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state’s crime victim restitution law does not obligate defendants to repay law enforcement agencies for unrecovered money they use to buy drugs undercover. The government maintained the restitution law authorized the repayment of “buy money” because it was either “money advanced by law enforcement…
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Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more
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The Colorado Supreme Court’s most visible decision of its recently concluded term may actually be the one it made five years ago. In 2020, with the retirement of then-Chief Justice Nathan B. Coats, the court’s other members decided to switch to a rotational method of filling the seat, with the judicial branch’s top job term-limited…
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Colorado Supreme Court ponders whether Lakewood violated TABOR in expanding phone provider tax
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Members of the Colorado Supreme Court considered on Tuesday whether Lakewood violated the state constitution by expanding the scope of a 1969 tax ordinance twice in the last three decades to encompass cell phone providers — but without holding a popular vote. A Jefferson County judge believed the city’s actions failed to comply with the 1992…
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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Colorado justices ease path for successful civil defendants to turn around, sue plaintiffs
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The Colorado Supreme Court on Monday embraced a lower hurdle for successful defendants in civil cases to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and the case ends in…
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Divided Colorado Supreme Court: Grandparents no longer ‘grandparents’ after grandchildren’s adoption
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The Colorado Supreme Court ruled on Monday that a child’s grandparents are no longer legally “grandparents” who are able to seek visitation once their grandchild’s adoption has been finalized to a new set of parents. By 4-3, the court concluded the law enabling grandparent visitations applies to a person who “is the parent” of a…
