justice richard gabriel
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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Colorado justices weigh ‘extreme’ proposals for civil jury trial requests
Members of the Colorado Supreme Court grappled last week with two vastly different proposals for evaluating when it is appropriate for a civil litigant to ask for a jury trial, as opposed to a bench trial before a judge. The Colorado Constitution does not contain the right to a jury trial in civil cases. Instead,…
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Colorado Supreme Court upholds child abuse convictions despite faulty jury instruction
The Colorado Supreme Court decided on Monday that a San Miguel County jury properly 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. The court agreed unanimously that the jury instructions for finding Madani Ceus guilty of a…
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Colorado Supreme Court: Redistricting plans for 2028 election cannot proceed under state constitution
The Colorado Supreme Court blocked all attempts at redrawing congressional district boundaries for the 2028 election from reaching the ballot on Monday, concluding each of the proposed ballot measures violated the constitutional single-subject requirement. The court considered five distinct but related ballot measures. Half of the proposals would have redrawn U.S. House of Representatives districts…
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Colorado justices discuss solution to confusion from prior criminal ruling
The Colorado Supreme Court pondered the fallout on Tuesday from its nearly six-year-old decision interpreting the state’s impaired driving laws, with the justices now addressing how defendants affected by the legal change must seek postconviction relief. In contrast to other criminal appeals, there was no dispute that defendant Charles Crabtree could file a motion in…
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Colorado justices suggest father entitled to appeal of custody decision
Members of the Colorado Supreme Court signaled strongly on Tuesday that a father deserved some avenue for challenging a temporary child custody order that no lower court believed it could review due to the unusual circumstances of the case. Because the appeal involved a child welfare matter, neither the underlying filings describing the case nor…
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Colorado justices agree fraud claims belong in corporate dispute
The Colorado Supreme Court decided on Tuesday that a corporate plaintiff validly pursued fraud claims over conduct that was not covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty, independent from any contract,…
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Colorado justices expand ability for civil defendants to avoid participating, win after trial
The Colorado Supreme Court decided on Tuesday that a civil defendant, whose non-participation in the case meant that he legally admitted to the sexual assault allegations against him, could nonetheless prevail after he showed up to testify at trial. A plaintiff identified as J.B. filed suit against Metro Taxi on behalf of her child, E.B.,…
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Colorado justices find ability to extend appeal deadline applies equally to prosecutors, defendants
The Colorado Supreme Court decided on Tuesday that prosecutors have the same ability as criminal defendants to freeze their deadline to appeal a trial judge’s ruling when they ask for reconsideration, even though the rules do not explicitly say so. Denver prosecutors charged Quinn M. Jebe with offenses relating to drug distribution and sexual assault…
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Colorado justices confirm leaving-the-scene prosecutions require no proof of driver’s knowledge
The Colorado Supreme Court confirmed on Tuesday that its 20-year-old decision involving drivers who leave the scene of an accident remains good law and prosecutors do not have to prove that such defendants knew they were involved in an accident. In 2006, the Supreme Court ruled that leaving the scene of an accident resulting in…