justice richard gabriel
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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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Divided Colorado Supreme Court says defendants liable for possessing others’ debit cards even if unusable
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The Colorado Supreme Court, by 5-2, rejected the idea on Monday that prosecutors need to prove a debit card is functional in order to convict a defendant of unlawfully possessing someone else’s “financial device.” The majority believed Colorado law was straightforward: Legislators outlawed the unauthorized possession of a financial device, and debit cards were specifically…
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Colorado Supreme Court walks back decision allowing localities to broadly permit violations of noise limits
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The Colorado Supreme Court concluded on Monday that the state’s noise pollution law does not allow local governments to categorically permit any entity to host events on private property that exceed the statewide decibel limits. The question had divided the state’s Court of Appeals, with one appellate panel deciding localities do have broad permitting power…
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Colorado Supreme Court finds Lakewood unconstitutionally expanded phone provider tax
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The Colorado Supreme Court ruled on Monday that Lakewood improperly expanded the scope of a 1969 tax ordinance twice to encompass cell phone providers without holding the popular vote the state constitution requires. A Jefferson County judge previously determined the city’s actions failed to comply with the 1992 Taxpayer’s Bill of Rights, which generally requires…
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‘I can help open doors’: Colorado Supreme Court justice, judges speak about obligation to mentor
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Members of the Colorado Supreme Court, Court of Appeals and the trial courts spoke to an audience of lawyers last week about the benefits of seeking a mentor in the legal profession and about their feelings of obligation to help other attorneys. “I can help open doors, particularly now with the title I have in…
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Denver judge exceeded his authority in ‘several ways’ in juvenile defendant’s case, state Supreme Court says
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‘While the trial court has significant discretion regarding the presentation of evidence and the application of the rules of evidence, there are limits,’ wrote the justices
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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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Colorado justices disagree father was entitled to new jury trial after faulty first proceeding
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The Colorado Supreme Court on Monday concluded a father was not automatically entitled to a child neglect jury trial after his first proceeding in El Paso County was overturned, and instead faulted the man for failing to reiterate his demand for a jury trial. For parents involved in child welfare cases, Colorado lawmakers have given them…
