justice monica marquez
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Colorado Supreme Court clarifies restraining order violations can always support burglary charge
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The Colorado Supreme Court’s majority ruled on Monday that a violation of a restraining order can also serve as a basis for finding a defendant guilty of burglary. Under state law, a person commits second-degree burglary by unlawfully entering or remaining in an occupied structure with the intent to commit “a crime against another person…
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New Supreme Court member announced, justices hear oral arguments | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The governor announced his pick to fill a vacancy on the state Supreme Court, and the justices heard oral arguments in multiple criminal and civil cases. Susan Blanco joins highest court • Chief Judge Susan Blanco of Larimer and Jackson counties…
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Colorado’s chief justice exceeds average number of dissents with 4-plus months left in term
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Since the start of the Colorado Supreme Court’s 2025-2026 term in September, Chief Justice Monica M. Márquez has now exceeded her average number of dissenting opinions, with more than four months remaining before the court breaks for the summer. The Supreme Court has issued 27 new opinions since Labor Day, which is roughly in line…
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Colorado justices skeptical of challenge to water enterprises’ eminent domain power
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Members of the Colorado Supreme Court appeared receptive on Wednesday to the notion that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure…
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Colorado justices skeptical that intimate messages relevant to assault case
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Members of the Colorado Supreme Court seemed to agree on Tuesday that a Douglas County judge acted reasonably by blocking evidence of a defendant’s BDSM-related conversations with the victim in his trial for assault and false imprisonment. Jurors found Donald Louis Gerle guilty in 2022. In the prosecution’s telling, Gerle began beating his alleged victim following…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
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Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado justices question process for parole board appeals
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The Colorado Supreme Court considered on Tuesday whether criminal defendants whose parole is revoked must appeal the decision internally to the state’s parole board before seeking review by a judge. The process for returning someone to incarceration for violating the conditions of their parole first entails a hearing by one member of the Colorado State…
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Colorado justices weigh potentially faulty jury instruction in child abuse case
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Members of the Colorado Supreme Court questioned on Tuesday whether a San Miguel County jury convicted a defendant of child abuse resulting in death, even though the instructions potentially allowed jurors to avoid finding that the child abuse resulted in death. Previously, the state’s Court of Appeals reversed the convictions and 64-year prison sentence of…
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Colorado lawmakers hear about increased judicial discipline complaints, fallout from Missy Woods misconduct
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Members of the Colorado legislature’s judiciary committees heard about a large increase in complaints against judges and additional forensic misconduct that has come to light, during three days of oversight hearings last week. Leaders of several judicial-related agencies appeared between Jan. 20-23 to address their priorities and field questions from legislators. On behalf of the…
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Divided Colorado Supreme Court curtails use of laced-substances defense
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The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…