justice william hood
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices issue revised opinion in Robert Ray appeal, addressing life without parole sentence
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The Colorado Supreme Court issued a modified decision last week in the appeal of former death row inmate Robert Keith Ray, addressing and rejecting his arguments about the constitutionality of his life sentence. Arapahoe County jurors convicted Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received a death sentence and remained…
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Intervention v. punishment: Justice William Hood speaks about assistance to struggling lawyers
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A member of the Colorado Supreme Court spoke to attorneys on Thursday about the ways in which lawyers and judges have a duty to intervene when they notice their colleagues struggling to meet their professional obligations. “I tried to search back in my own memory banks. I can remember being a young lawyer and seeing…
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Colorado Supreme Court walks back decision allowing localities to broadly permit violations of noise limits
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The Colorado Supreme Court concluded on Monday that the state’s noise pollution law does not allow local governments to categorically permit any entity to host events on private property that exceed the statewide decibel limits. The question had divided the state’s Court of Appeals, with one appellate panel deciding localities do have broad permitting power…
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Divided Colorado Supreme Court upholds disbarment of ex-DA Linda Stanley
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The Colorado Supreme Court, by 4-2, upheld the rare disbarment of an elected district attorney on Monday, concluding disciplinary officials correctly barred Linda Stanley from practicing law as a result of her inappropriate comments to the media and her improper attempt to remove a judge from a high-profile murder case. Voters of the 11th Judicial…
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Colorado Supreme Court term in review: Restitution, racial bias, rescinded opinion and more
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The Colorado Supreme Court’s most visible decision of its recently concluded term may actually be the one it made five years ago. In 2020, with the retirement of then-Chief Justice Nathan B. Coats, the court’s other members decided to switch to a rotational method of filling the seat, with the judicial branch’s top job term-limited…
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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 uphold $10.5 million award in downstairs meth lab case
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The Colorado Supreme Court on Monday upheld a judge’s $10.5 million award to a woman and her daughter for their injuries stemming from toxic exposure from a suspected downstairs meth lab in their Littleton apartment building. The court originally took up the appeal to decide when a person or entity is required to preserve evidence…
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Robert Ray’s murder convictions upheld despite numerous errors, Colorado Supreme Court rules
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The Colorado Supreme Court on Monday declined to grant a new trial to a man convicted for orchestrating a pair of 20-year-old murders in Aurora, despite identifying numerous errors at his trial. Arapahoe County jurors convicted Robert Keith Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received a death sentence and…
