justice maria berkenkotter
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Colorado Supreme Court rejects effort to let judges restrict defense lawyers’ work on postconviction claims
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The Colorado Supreme Court clarified on Monday that trial judges cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is illegal, new evidence has come to light or their conviction violated the U.S.…
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Colorado justices skeptical of animal rights group’s attempt to free Cheyenne Mountain Zoo elephants
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An animal rights group faced a critical reception from the Colorado Supreme Court on Thursday, with the justices doubting they could recognize the legal rights of five elephants in Colorado Springs without also opening the floodgates for widespread attempts to release numerous species from captivity. “Half the people in this room have dogs or cats…
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‘Half-baked,’ ‘wild outlier’: Colorado justices mull jettisoning insurance documents appeal
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After a trial judge took the rare step of admitting she used the wrong legal standard when ordering the disclosure of documents in an insurance dispute, the Colorado Supreme Court on Tuesday wondered whether it would be overstepping by issuing guidance in the appeal. “This feels half-baked to me,” said Justice Carlos A. Samour Jr.…
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Colorado justices, 4-2, rule tenants have right to a jury trial in eviction cases
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Noting that trial judges across the state are routinely denying tenants the ability to have a jury hear their eviction cases, the Colorado Supreme Court ruled on Monday that certain types of disputes do qualify for a jury trial after all. By 4-2, the Supreme Court’s majority acknowledged the concern that county courts, where evictions…
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Colorado Supreme Court wades into disputes over confidential info
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The Colorado Supreme Court announced this week that it may intervene in two ongoing civil lawsuits implicating the disclosure of information the parties argue is shielded. At least four of the court’s seven members must agree to take up an appeal directly from the trial courts, in contrast to three votes needed to review a…
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Colorado Supreme Court says injured motorists can seek both workers’ comp, insurance benefits
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The Colorado Supreme Court underscored on Monday that employees who are injured on the job in a vehicle accident by a third party are able to pursue workers’ compensation in addition to insurance benefits. Confusion arose among judges about whether an employee’s receipt of workers’ comp benefits foreclosed any lawsuit they could bring against their…
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Colorado justices cautious of letting litigants make open records requests while suing governments
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Members of the Colorado Supreme Court grappled on Tuesday with two competing principles: honoring public access to government records, on the one hand, while preventing litigants from deluging public bodies with open records requests at the same time they are suing them. Previously, the state’s second-highest court ruled that plaintiffs are not forbidden from using…
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AI, criminal sentencing, SCOTUS ‘messaging’: 10th Circuit conference addresses hot-button issues
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The use of artificial intelligence, various aspects of criminal law and the work of the U.S. Supreme Court were among the topics discussed in Colorado Springs at least week’s biennial gathering of the U.S. Court of Appeals for the 10th Circuit. The 10th Circuit, which hears appeals in federal cases arising from Colorado, Oklahoma, Utah,…
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Colorado Supreme Court term in review: High-profile cases, statistics and more
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With major decisions curtailing the power of administrative agencies, clarifying the scope of gun rights for domestic abusers and establishing immunity for official presidential acts, the U.S. Supreme Court’s recently concluded term ushered in monumental shifts in jurisprudence and a renewed focus on some members’ conduct off the bench. Meanwhile, the Colorado Supreme Court quietly…