justice richard gabriel
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
The Colorado Supreme Court declined to say on Monday whether a man’s conviction for an attempted child prostitution offense violated his rights under the state constitution, and only concluded that the absence of an obvious error meant his conviction should remain intact. An El Paso County jury convicted Javier Vega Dominguez of two attempted child…
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State Supreme Court to hold oral arguments, lawyers attend annual apellate event | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is holding oral arguments this week, plus lawyers and judges came together for the annual appellate conference to trade tips and hear about updates from the courts. Colorado Supreme Court news • The Supreme Court will hear…
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Colorado appeals judges give tutorial on friend-of-the-court briefs | APPELLATE UPDATE
Two members of the Colorado Supreme Court and Court of Appeals described to attorneys on Friday how and when to submit advocacy briefs from outside entities — and the tactics that turn off the judges who read them. “I get that there are certain advocacy groups on particular sides. I can pick up a particular…
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Colorado justices confirm water-related enterprises may condemn private property
The Colorado Supreme Court confirmed on Monday 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 water supply for residents. The enterprises…
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SCOTUS arguments, varied workload: 6 Colorado solicitors general talk about job
Six current and former solicitors general of Colorado, including two who have since become members of the bench, spoke to attorneys on Wednesday about how the role has changed over time, what the workload entails, and their experiences arguing at the U.S. Supreme Court. “It is an incredible amount of time that you put in…
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Colorado justices, lawyers speak with rural students through outreach program
Members of the Colorado Supreme Court appeared before students from eight rural schools on April 16 to hear a pair of cases, field questions, and mark the first time the state’s newest justice participated in the long-running program. “I had such a unique opportunity to get to work with so many people in my career.…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
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
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,…