justice monica marquez
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Colorado Supreme Court lifts curtain on decision-making at legal event
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’
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…
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Colorado Supreme Court clarifies restraining order violations can always support burglary charge
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
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
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
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
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
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
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
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…