justice melissa hart
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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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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‘Everything’s fair game’: Justice Melissa Hart speaks about potential family law initiatives
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‘We are really looking actively at what other states are doing,’ says Hart
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Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more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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Federal judge ‘reluctantly’ dismisses claim by Club Q survivors against property owners
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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…
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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 uphold $10.5 million award in downstairs meth lab case
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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…
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Colorado justices say access to Missy Woods data must be litigated in Jeffco
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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…
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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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…
