justice richard gabriel
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Colorado justices grill debt collector about compliance with law
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The Colorado Supreme Court repeatedly pressed a debt collection company last week to explain how its lawsuit against a Boulder woman for an unpaid credit card balance complied with the specific requirements that state lawmakers have created. Portfolio Recovery Associates, LLC filed a complaint to collect on a $671 debt from the credit card account…
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Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
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Members of the Colorado Supreme Court struggled on Tuesday to balance the need for one defendant to shield itself against a plaintiff’s claim that its employee sexually assaulted her child, and the fact that the employee legally admitted the allegations against him by failing to participate in nearly all of the civil case. A plaintiff…
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Colorado Supreme Court lifts curtain on decision-making at legal event
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Members of the Colorado Supreme Court sat down with lawyers on Wednesday to answer questions about behind-the-scenes topics, including what happens immediately after an appeal is argued, why they might intervene in an ongoing case, and the consequence of a majority flipping from one side to the other. “This is what happens when the court…
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Colorado Supreme Court clarifies restraining order violations can always support burglary charge
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The Colorado Supreme Court’s majority ruled on Monday that a violation of a restraining order can also serve as a basis for finding a defendant guilty of burglary. Under state law, a person commits second-degree burglary by unlawfully entering or remaining in an occupied structure with the intent to commit “a crime against another person…
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
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The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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Colorado justices skeptical of challenge to water enterprises’ eminent domain power
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Members of the Colorado Supreme Court appeared receptive on Wednesday to the notion that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure…
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Colorado justices skeptical that intimate messages relevant to assault case
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Members of the Colorado Supreme Court seemed to agree on Tuesday that a Douglas County judge acted reasonably by blocking evidence of a defendant’s BDSM-related conversations with the victim in his trial for assault and false imprisonment. Jurors found Donald Louis Gerle guilty in 2022. In the prosecution’s telling, Gerle began beating his alleged victim following…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
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Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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Colorado justices question process for parole board appeals
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The Colorado Supreme Court considered on Tuesday whether criminal defendants whose parole is revoked must appeal the decision internally to the state’s parole board before seeking review by a judge. The process for returning someone to incarceration for violating the conditions of their parole first entails a hearing by one member of the Colorado State…
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Colorado justices weigh potentially faulty jury instruction in child abuse case
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Members of the Colorado Supreme Court questioned on Tuesday whether a San Miguel County jury 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. Previously, the state’s Court of Appeals reversed the convictions and 64-year prison sentence of…