justice maria berkenkotter
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Colorado justices talk about their jobs, obligation to be non-political in El Paso County school visit
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The Colorado Supreme Court traveled to El Paso County on Thursday, where members fielded questions from high school students on topics that included how they got their seats, what they do to relax, and the best and worst parts of the job. “I honestly think the worst part of our job is we deal with…
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Lawmakers overturn Colorado Supreme Court decision on juvenile competency evaluations
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Colorado lawmakers overturned a recent decision of the state Supreme Court in the final days of the legislative session, clarifying that the government cannot re-evaluate a juvenile defendant’s competency to proceed without a judge’s order. On April 14, the Supreme Court decided People in the Interest of J.D., in which an El Paso County juvenile defendant was deemed…
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Colorado justices rule trunk search constitutional in Arapahoe County shooting case
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The Colorado Supreme Court reversed an Arapahoe County judge on Monday who found law enforcement conducted an unconstitutional search of a man’s trunk, with the justices instead concluding police had grounds to believe a recently fired gun was inside. Prosecutors have charged Sheron Mario Furness with seven criminal counts related to drug and weapon possession,…
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Divided Colorado Supreme Court rules government can re-evaluate juvenile defendants without court order
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The Colorado Supreme Court, by 5-2, ruled on Monday that the state may rely upon its evaluation of a juvenile defendant who was previously found not competent to proceed, even though the evaluation happened without a judge’s order. The clarification took on significance because of a 2023 law that enacted protections for juveniles who receive…
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Colorado justices consider scenario where civil defendants turn around and sue plaintiffs
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Members of the Colorado Supreme Court considered on Wednesday how easily defendants who win their civil lawsuits should be able 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…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
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For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…
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When is a grandparent a grandparent? Colorado justices weigh visitation rights dispute
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Under Colorado law, a grandparent is a person “who is the parent of a child’s father or mother.” On Tuesday, members of the Colorado Supreme Court heard the argument that the word “is” is crucial to understanding what should happen when the mother and father are no longer alive. “Under the plain definition, you say…
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Colorado Supreme Court weighs Xcel’s liability for man’s electrocution
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The Colorado Supreme Court appeared hesitant on Tuesday to endorse the idea that the state’s utility regulator could use a rate-setting document to broadly immunize a company from liability against electrocutions. Francisco Cuevas, the owner of Outdoor Design Landscaping, was hanging Christmas lights at a Lakewood woman’s home in late 2017 when he received a debilitating…
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Colorado Supreme Court questions 2020 change to child neglect laws
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The Colorado Supreme Court pondered on Tuesday what the legislature meant to happen when it changed the state’s child neglect laws in 2020 to require more than a positive drug test at birth to deem a child neglected. The debate centered on the wording lawmakers chose to replace the previous condition that a child is neglected when…
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Colorado justices allow sentences of probation after prison, even though prison-plus-probation illegal
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Even though the Colorado Supreme Court ruled five years ago that sentences of prison plus probation are illegal, the justices decided on Monday that judges were permitted to fix those sentences by imposing basically the same punishment. In its 2019 decision of Allman v. People, the Supreme Court ruled that state law treats probation as an…