justice richard gabriel
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
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The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Colorado Supreme Court concerned about police overreach in interrogations
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Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
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In 2006, the Colorado Supreme Court ruled that leaving the scene of an accident resulting in serious injury is a “strict liability” offense, meaning a person is guilty solely through their conduct, without the need for prosecutors to prove the defendant’s mental state. Now, 20 years later, one defendant is asking the Supreme Court to…
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Colorado Supreme Court weighs transgender services case involving Children’s Hospital and federal threats
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Some members of the Colorado Supreme Court expressed discomfort on April 14 with having to decide whether to order Children’s Hospital Colorado to resume providing certain services to transgender children, which could trigger a “death sentence” if the federal government imposes consequences. “I’m assuming there’s no middle ground here with the federal administration, in terms…
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
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Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
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The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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Colorado justices confirm lawyers may ‘borrow’ allegations from elsewhere
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The Colorado Supreme Court ruled on Monday that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to…
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Colorado justices restore RTD subcontractor’s award, reject ‘drastic’ view of public works law
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The Colorado Supreme Court on Monday restored a $5.7 million award to a company that helped build a commuter rail line and, in doing so, rejected a view of state law that would nullify a subcontractor’s entitlement to any compensation if they knowingly try to recover more than they are owed. Justice Richard L. Gabriel…
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Susan Blanco signals views on role of appellate courts in first opinion as Colorado justice
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Justice Susan Blanco’s first solo opinion as a new member of the Colorado Supreme Court made clear her view of the guardrails that keep the state’s highest court tethered to the issues it is asked to decide. On Monday, the court issued a 4-3 decision in a criminal appeal. Blanco, while part of the majority,…
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Divided Colorado Supreme Court finds Denver detective did not violate defendant’s Miranda rights
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The Colorado Supreme Court determined on Monday that a Denver detective did not improperly resume questioning of a defendant in custody after he invoked his right to counsel. By 4-3, the justices reversed a trial judge’s order that found a violation of Dakotah J. Lulei’s Miranda rights. The Supreme Court’s majority based its decision on…