justice melissa hart
-
Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more
—
by
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…
-
Federal judge ‘reluctantly’ dismisses claim by Club Q survivors against property owners
—
by
A federal judge agreed last week that a recent change to Colorado law barred him from allowing the survivors of an LGBTQ nightclub shooting to hold the property owners liable for safety deficiencies that allegedly contributed to the massacre. At the same time, U.S. District Court Senior Judge William J. Martínez slammed the legislature’s 2022 amendment…
-
Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
—
by
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…
-
Colorado justices uphold $10.5 million award in downstairs meth lab case
—
by
The Colorado Supreme Court on Monday upheld a judge’s $10.5 million award to a woman and her daughter for their injuries stemming from toxic exposure from a suspected downstairs meth lab in their Littleton apartment building. The court originally took up the appeal to decide when a person or entity is required to preserve evidence…
-
Colorado justices say access to Missy Woods data must be litigated in Jeffco
—
by
The Colorado Supreme Court ruled on Monday that defense attorneys seeking access to withheld information about a former DNA scientist’s misconduct must pursue the data in Jefferson County, where the Colorado Bureau of Investigation is located. Yvonne “Missy” Woods stands accused of intentionally deleting data, manipulating procedures and compromising criminal evidence in her role as…
-
Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
—
by
The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. Generally, what someone says during the course of judicial proceedings has…
-
Despite tough talk, Colorado justices punch holes in 2021 crime victim restitution ruling
—
by
In a package of five opinions released on Tuesday, the Colorado Supreme Court stood by its general interpretation of the state’s crime victim restitution law from four years ago, while it simultaneously agreed that some judges’ violations of the law are not subject to challenge. The marathon set of oral arguments last fall made clear…
-
Colorado Supreme Court skeptical of broad municipal power to permit violations of state noise limits
—
by
Members of the Colorado Supreme Court attempted on Thursday to decipher a 38-year-old amendment to the state’s noise pollution law to determine if local governments may permit any for-profit entity to host events on private property that exceed the statewide decibel limits. In doing so, multiple justices were openly skeptical of the city of Salida’s…
-
Colorado justices ponder whether defendants must repay money police use for drug buys
—
by
If undercover police officers buy drugs from a suspected drug dealer, but they let him leave with the money and never recover it, is the defendant obligated to repay the amount as crime victim restitution? Members of the Colorado Supreme Court grappled with the question on Thursday, with multiple justices wondering how the state’s restitution…
-
Colorado justices talk about their jobs, obligation to be non-political in El Paso County school visit
—
by
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…
