justice neil gorsuch
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10th Circuit conference features Gorsuch, discussions about ‘judicial endeavor’
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The federal appeals court based in Denver convened its annual conference last week, featuring an appearance from a U.S. Supreme Court justice, panels about criminal sentencing and election law, and private discussions between judges at all levels of the federal system. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit, which has…
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Colorado’s Timothy Tymkovich channeled in 303 Creative decision from SCOTUS
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When the U.S. Supreme Court’s conservative majority opened the door for certain businesses to deny service for reasons related to sexual orientation, Justice Neil M. Gorsuch repeatedly turned to the words of his friend and former appellate colleague, Timothy M. Tymkovich. Tymkovich, who sat on the three-judge panel that first decided 303 Creative v. Elenis in 2021,…
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Colorado Supreme Court ponders role of juries in evaluating prior convictions
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More than two years ago, when the Colorado Supreme Court found that juries, not judges, must decide if people accused of felony drunk driving are repeat offenders, it prompted defendants found guilty of other offenses to wonder whether their own prior convictions were something prosecutors must prove to juries beyond a reasonable doubt. In two…
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SCOTUS hears challenge to Colorado stalking law, with questions about modern ‘sensitivity’
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For nearly two years, Billy Raymond Counterman sent a musician thousands of unsolicited Facebook messages, carrying on a one-way conversation as if he had a relationship with her. Then things escalated. “Was that you in the white Jeep?” “I’m currently unsupervised. I know, it freaks me out too.” “Five years on Facebook. Only a couple…