justice william hood
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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…
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Colorado justices say plaintiffs must show ‘likelihood’ of negligence in suing government for injuries
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The Colorado Supreme Court ruled on Monday that plaintiffs suing the government for injuries caused by a dangerous condition in a public building must demonstrate at the outset they can likely succeed in proving the government’s negligence. In doing so, the justices rejected the Court of Appeals’ belief that it was not necessary for a…
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Colorado justices take comments on new family law rules, hear concerns about ‘informal’ proceedings
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The Colorado Supreme Court received generally supportive comments last month from the legal community on a sweeping set of new rules specific to family law cases, but also heard concerns about a proposal to move unrepresented litigants into “informal” trials where different rules apply. During a May 13 public hearing, the justices heard from multiple…
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Despite tough talk, Colorado justices punch holes in 2021 crime victim restitution ruling
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In a package of five opinions released on Tuesday, the Colorado Supreme Court stood by its general interpretation of the state’s crime victim restitution law from four years ago, while it simultaneously agreed that some judges’ violations of the law are not subject to challenge. The marathon set of oral arguments last fall made clear…
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Colorado Supreme Court ponders when negative online reviews are insulated from lawsuits
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Members of the Colorado Supreme Court considered last week whether a person’s vindictive motivations in posting a negative online review can nevertheless relate to a matter of public interest, and potentially shield the commentary from a defamation lawsuit. For the first time, the state’s highest court examined Colorado’s 2019 “anti-SLAPP” law, which stands for “strategic…
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‘Dabs made me do it?’ Colorado justices ponder when defendants can rely on laced drugs as defense
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Members of the Colorado Supreme Court struggled last week to determine where to draw the line between allowing defendants to argue they unwittingly consumed a substance that caused them to engage in criminal behavior, while also preventing a wave of unsubstantiated claims about laced drugs. Under state law, “involuntary intoxication” is an affirmative defense, meaning…
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Colorado Supreme Court skeptical of broad municipal power to permit violations of state noise limits
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Members of the Colorado Supreme Court attempted on Thursday to decipher a 38-year-old amendment to the state’s noise pollution law to determine if local governments may permit any for-profit entity to host events on private property that exceed the statewide decibel limits. In doing so, multiple justices were openly skeptical of the city of Salida’s…
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Colorado Supreme Court rules police-guided text messages from victim’s father did not coerce defendant
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The Colorado Supreme Court ruled on Monday that a text message exchange between the father of an alleged child sex assault victim and the defendant was not coercive, even though a sheriff’s investigator was guiding the accusatory texts. Patrick Nkongolo stands accused of five counts of sexual assault on a child. His alleged victim told…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
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Members of the appeals courts headquartered in Denver gave lawyers a peek on Friday into their behind-the-scenes operations and offered tips about presenting a compelling case to the people making decisions. “You have to pay attention to the entire bench, right? I think one mistake that you can make, as the questions start coming in,…