justice william hood
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Colorado justices recognize limited right to evidence in postconviction challenges
The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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Colorado Supreme Court narrows consumer protection law for insurance claims
The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Car rental companies are not ‘insurers,’ Colorado Supreme Court rules
The Colorado Supreme Court decided on Monday that car rental companies offering insurance policies are not also “insurers” under state law, who may be sued for their failure to pay out benefits on claims. By 4-3, the justices further concluded that Hertz Corp. was not a “de facto” insurer simply because it was heavily involved…
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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 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,…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
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
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
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 grill debt collector about compliance with law
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, 4-3, order new murder trial due to wrongfully excluded evidence
The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…