justice monica marquez
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
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Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
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The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
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The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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Divided Colorado Supreme Court finds Denver detective did not violate defendant’s Miranda rights
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The Colorado Supreme Court determined on Monday that a Denver detective did not improperly resume questioning of a defendant in custody after he invoked his right to counsel. By 4-3, the justices reversed a trial judge’s order that found a violation of Dakotah J. Lulei’s Miranda rights. The Supreme Court’s majority based its decision on…
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
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Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Colorado justices grill debt collector about compliance with law
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The Colorado Supreme Court repeatedly pressed a debt collection company last week to explain how its lawsuit against a Boulder woman for an unpaid credit card balance complied with the specific requirements that state lawmakers have created. Portfolio Recovery Associates, LLC filed a complaint to collect on a $671 debt from the credit card account…
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
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The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
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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…
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Colorado Supreme Court lifts curtain on decision-making at legal event
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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…
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Colorado Supreme Court blocks ballot initiative defining ‘fees’
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The Colorado Supreme Court blocked a proposed ballot initiative on Monday that would have required voter approval for new fees above a certain threshold, while also enshrining a definition of “fee” into the state constitution for the first time. Chief Justice Monica M. Márquez wrote in the March 9 opinion that a ballot measure could…