melissa hart
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State Supreme Court weighs whether new trial necessary for school that deceived, harmed students
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After a four-week trial in 2017, a Denver judge issued a 160-page order detailing the numerous ways a now-shuttered technical school violated Colorado’s consumer protection laws by deceiving students into thinking they would make substantially more money or find jobs in their field – when the opposite was often true. But in 2021, the state’s Court…
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State Supreme Court abandons case questioning constitutionality of mental health law
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In an unusual move taken days after hearing oral arguments, the Colorado Supreme Court announced it will not render a decision after all on the constitutionality of a state law governing mental health commitments for criminal defendants. Last May, the justices agreed to consider the appeal of John Salvadore Cruz, who was acquitted of murder in…
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Justices critical of proposed racial bias rule supported by defense attorneys, trial judges
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Colorado’s Supreme Court justices gave a less-than-enthusiastic reception on Tuesday to a proposed rule that, if enacted, would aim to curb lawyers’ ability to remove people of color from criminal juries for reasons related to race. During a nearly three-hour hearing, prosecutors from across the state uniformly lined up to condemn the suggested change, with…
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State Supreme Court interprets ‘straw purchase’ law to encompass shared use of guns
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The Colorado Supreme Court on Monday interpreted a gun safety law enacted after the Columbine High School massacre, ruling for the first time that the illegal transfer of a firearm to a prohibited person can encompass the shared use of a weapon in a household. The court declined to say whether someone can violate the…
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Divided state Supreme Court says juries may hear defendants’ drunk driving histories
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A majority of the Colorado Supreme Court ruled on Monday that juries must learn about a defendant’s prior drunk driving offenses at the same time they hear the current allegations of drunk driving, over the strenuous objection of three justices who said the move all but ensures a conviction will occur. By 4-3, the Supreme…
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State Supreme Court faults defendant for not objecting to sleeping juror
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If a criminal defendant had a problem with the juror who repeatedly fell asleep during his trial, he should have objected to it, the Colorado Supreme Court ruled on Monday. The justices reached that conclusion even after acknowledging all parties at Elliott J. Forgette’s burglary trial were aware of the sleeping juror and Forgette’s defense…
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Colorado’s property tax system hangs in balance as state Supreme Court mulls COVID-19 challenges
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Colorado’s Supreme Court justices on Wednesday spent three hours pondering a pair of questions that could open the door to widespread, perhaps even perpetual, property revaluations across the state: Did COVID-19 and the accompanying public health orders in 2020 constitute “unusual conditions” necessitating a reexamination of property values? And did those revaluations need to happen…
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State Supreme Court wades through rules on child testimony in sex assault cases
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Out-of-court statements, known as hearsay, are typically not admissible at trial because a defendant cannot cross-examine the person making the comments. However, Colorado’s legislature has provided an exception for children in sex abuse cases. Their hearsay statements are allowed generally if they are younger than 15 or, in the alternative, whatever age is specifically mentioned…
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State Supreme Court explores role of shifting explanations in race-based juror dismissals
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Over 30 years ago, the U.S. Supreme Court recognized that purposeful racial discrimination in jury selection is unconstitutional, requiring prosecutors to now cite a “race-neutral reason” if a defendant challenges their decision to remove a juror of color. This week, the Colorado Supreme Court considered a narrow question implicating that protocol: If an appeals court…
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State Supreme Court finds no problem with judge terminating parental rights as father struggled to log in
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Colorado’s Supreme Court on Monday did not fault a Jefferson County judge for refusing to postpone a hearing in which she terminated a father’s parental rights, even as the man was unsuccessfully trying to connect to the proceedings virtually. The justices noted that Colorado law permits judges to end the legal relationship between a parent…
