justice william hood
-
Divided Colorado Supreme Court curtails use of laced-substances defense
—
by
The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…
-
Appeals judge asks Colorado Supreme Court to once again clarify magistrate rules
—
by
A member of Colorado’s second-highest court urged the state Supreme Court last week to revise confusing language in the rules governing magistrates, less than two weeks after an attempted cleanup of the rules took effect. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
-
Colorado Supreme Court struggles with rubric for significant reductions in parenting time
—
by
The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
-
Colorado justices clarify procedure for defendants to access DNA analyst’s criminal file
—
by
The Colorado Supreme Court ruled on Monday that trial judges may order Jefferson County prosecutors to disclose information related to the criminal prosecution of a DNA analyst accused of misconduct, but defendants seeking those files cannot rely on the order alone to gain access. Yvonne “Missy” Woods is a former Colorado Bureau of Investigation DNA…
-
‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
—
by
The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
-
Justices debate what to do when governments withhold key info from plaintiffs
—
by
Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
-
Colorado justices splinter over approach to sentencing review
—
by
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
-
Colorado justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
—
by
Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
-
Colorado justices sympathetic to defendant’s claim of speedy trial violation
—
by
Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
-
Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
—
by
Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
