justice richard gabriel
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Colorado Supreme Court takes no issue with 3-day delay in obtaining vehicle search warrant
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The Colorado Supreme Court on Monday found no constitutional problem with a Denver detective waiting three days to obtain a search warrant for a vehicle seized by law enforcement, and it created a new test for determining when such delays become unreasonable. The prosecution and the defense acknowledged to the state’s justices that the U.S. Supreme…
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Colorado Supreme Court weighs time to sue for minimum wage violations in absence of directive
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With the state’s minimum wage law silent on the subject, the Colorado Supreme Court attempted to figure out on Tuesday how much time workers have to file claims against their employers. There were seemingly two options: Up to three years from the violation, as is the case for claims under the neighboring Colorado Wage Claim Act;…
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Colorado justices raise eyebrows at Denver judge’s restrictions on juvenile defendant
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Members of the Colorado Supreme Court appeared unnerved on Wednesday at the restrictions a Denver judge placed on a teenage defendant’s attempt to argue that he should be tried as a juvenile, not as an adult. Lawyers for Clayshjon Eugene Clark-Collins sought the Supreme Court’s intervention after his trial judge indicated he largely did not want…
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Colorado justices mull level of proof needed for crime of possessing others’ debit cards
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Members of the Colorado Supreme Court considered on Tuesday whether simply having another person’s debit card amounts to the crime of possessing someone’s “financial device,” or if prosecutors must also prove the card is functional. During oral arguments, Justice Richard L. Gabriel said he was worried about over-criminalizing conduct that, practically speaking, might not have…
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Colorado Supreme Court ponders whether Lakewood violated TABOR in expanding phone provider tax
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Members of the Colorado Supreme Court considered on Tuesday whether Lakewood violated the state constitution by expanding the scope of a 1969 tax ordinance twice in the last three decades to encompass cell phone providers — but without holding a popular vote. A Jefferson County judge believed the city’s actions failed to comply with the 1992…
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Colorado Supreme Court finds defendant deprived of chance to testify about lawyer’s advice
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The Colorado Supreme Court agreed on Monday that a man serving a lengthy prison sentence for securities fraud should receive a new trial after he was prohibited from testifying about what information his lawyer advised him to disclose to investors. Kelly James Schnorenberg contended he did not commit securities fraud because he consulted with an…
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Colorado justices say plaintiffs must show ‘likelihood’ of negligence in suing government for injuries
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The Colorado Supreme Court ruled on Monday that plaintiffs suing the government for injuries caused by a dangerous condition in a public building must demonstrate at the outset they can likely succeed in proving the government’s negligence. In doing so, the justices rejected the Court of Appeals’ belief that it was not necessary for a…
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Colorado Supreme Court rules government alone may pursue child neglect allegations
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The government, and only the government, may pursue child neglect cases, the Colorado Supreme Court ruled on Monday, rejecting the argument that children or parents may continue litigating allegations of neglect after the government moves to dismiss. In a 6-1 decision, the Supreme Court relied on the longstanding concept of “parens patriae,” which empowers the…
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Durango & Silverton loses bid to avoid La Plata County’s land regulation at train station
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The Colorado Public Utilities Commission correctly determined La Plata County had the power to regulate the improvements to a tourist train station, the state Supreme Court ruled on Tuesday in rejecting the arguments of the Durango & Silverton Narrow Gauge Railroad Company. The issues brought to the Supreme Court largely stemmed from whether the county correctly…