justice maria berkenkotter
-
Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
—
by
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…
-
Colorado justices skeptical of appellate court’s limitation on prosecution’s appeal
—
by
The Colorado Supreme Court seemed skeptical on Tuesday that Denver prosecutors should be barred from appealing a trial judge’s permanent dismissal of a criminal case, based upon the sequence of events after the original ruling. Prosecutors charged Quinn M. Jebe with offenses relating to drug distribution and sexual assault on a child. In July 2023,…
-
Colorado Supreme Court lifts curtain on decision-making at legal event
—
by
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…
-
Colorado justices, by 5-2, say Longmont detective did not violate suspect’s Miranda rights
—
by
The Colorado Supreme Court’s majority ruled on Monday that a Longmont detective did not coerce a suspect into talking by making references to how a judge would look at his character, and by suggesting he may get out of prison “in time to see your son’s prom.” Under the landmark U.S. Supreme Court decision Miranda…
-
Colorado justices find portion of anti-SLAPP law unconstitutional
—
by
The Colorado Supreme Court ruled on Monday that a 2019 law designed to protect the exercise of First Amendment rights conflicts with the state constitution in certain scenarios involving appeals from county courts. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided a mechanism for quickly disposing of litigation…
-
Colorado justices weigh overlap between child prostitution offenses
—
by
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…
-
Colorado justices weigh constitutionality of student backpack search based on confidential tip
—
by
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…
-
Colorado Supreme Court struggles with rubric for significant reductions in parenting time
—
by
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…
-
‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
—
by
The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
-
Colorado Supreme Court ponders insurers’ ability to defend against policyholders
—
by
The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
