larimer county
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Colorado justices rule Larimer County judge wrongly denied competency second opinion to defendant
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The Colorado Supreme Court determined on Monday that a Larimer County judge had no choice but to permit a doctor to give their second opinion on a criminal defendant’s competency to proceed, even though he had received numerous such evaluations in the past. Justice Carlos A. Samour Jr., in the Jan. 12 decision, noted that…
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Colorado justices splinter over approach to sentencing review
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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…
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Colorado Supreme Court signals intervention in 4 ongoing cases
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The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
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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 Supreme Court to hear 2 Denver criminal appeals
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The Colorado Supreme Court announced on Monday that it will decide whether the state’s second-highest court correctly overturned a defendant’s vehicular eluding conviction due to the faulty wording of a jury instruction. The justices also will review whether the Court of Appeals properly rejected an appeal by prosecutors that was filed beyond the procedural deadline,…
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Colorado justices reject unusual appeal by analogy in community corrections sentencing case
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The Colorado Supreme Court concluded on Tuesday that state law did not entitle a man to receive credit for the time he spent in non-residential community corrections, notwithstanding the court’s own 34-year-old analogy suggesting a deduction was possible. When Ryan Wallace Bonde was terminated from a non-residential community corrections program and resentenced to prison, his…
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Colorado Supreme Court reinstates Larimer County DA’s office on case after judge ordered new prosecutors
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The Colorado Supreme Court reinstated the Eighth Judicial District Attorney’s Office on a stalking case on Monday, finding a trial judge disqualified the office based on an incorrect perception of a conflict. In an unusual unsigned opinion, the Supreme Court noted state law allows judges to remove district attorney offices from criminal cases under “special…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
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Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
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Colorado justices consider 33-year-old analogy’s impact on community corrections sentences
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The Colorado Supreme Court pondered an unusual question on Wednesday: When a previous decision relied on an analogy, but the circumstances of the analogy have since changed, is the prior decision still valid? Ryan Wallace Bonde’s appeal to the Supreme Court explores whether Bonde’s time in non-residential community corrections can be deducted from the prison…
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Motor vehicle repair law splits appeals court 3 ways, with call for legislature to step in
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Colorado’s second-highest court was unusually divided on Thursday over the state’s consumer protection law for vehicle owners, with three judges issuing three separate opinions about what the terms of the law require. The Motor Vehicle Repair Act places obligations on repair facilities to provide certain disclosures and estimates to customers before beginning work. If a…
