montrose county
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Appeals court once again denies immunity to Olathe officer for deadly crash
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Exactly one year after the Colorado Supreme Court found the state’s second-highest court applied the incorrect standard when evaluating a deadly crash involving an Olathe police officer, the Court of Appeals once again determined the officer and the town are not immune from being sued. The Colorado Governmental Immunity Act generally shields government entities and public…
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Colorado justices to hear cases on grandparent visitation, lawyers’ neglect in appealing on time
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The Colorado Supreme Court announced on Monday that it will decide whether two grandparents are entitled to seek visitation of their grandchildren following their adoption by the other set of grandparents, and also how strictly to hold lawyers to the deadline for filing appeals. At least three of the court’s seven members must agree to…
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Appeals court clarifies significance of pinpointing drug exposure for child neglect cases
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Colorado’s second-highest court on Thursday clarified it does matter whether a child experienced drug exposure in her parents’ custody, rejecting a Montrose County judge’s conclusion that the location was irrelevant to determining whether the infant was neglected. A child is neglected under Colorado law if, among other things, their “environment is injurious” to their welfare.…
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Protection or overreach? In western Colorado, national monument proposal ignites controversy
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Sean Pond was around a small town of his native western Colorado when he spotted a man in a blue ball cap. Above the bill were the words at the center of an ongoing controversy: “PROTECT THE DOLORES.” Pond approached the man. “He said someone at REI just gave it to him and he liked…
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Colorado Supreme Court walks back ruling denying immunity to speeding officer who killed 2
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The Colorado Supreme Court on Tuesday walked back a ruling by the state’s second-highest court that broadened first responders’ liability for injuries, instead concluding emergency vehicle operators need not activate their lights and sirens during the entirety of a pursuit in order to keep their immunity from lawsuits. After an Olathe police officer, traveling in…
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Appeals court upholds restrictions on court access for man who threatened 2 judges
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Colorado second-highest court agreed last month that the restrictions imposed upon a man who harassed multiple Western Slope judges did not unconstitutionally infringe upon his right to access the courts. As part of his probationary terms for the offense of retaliating against a judge, Brett Andrew Nelson was required to obtain a court’s permission before…
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Colorado Supreme Court weighs immunity for speeding officer who killed 2
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In July 2018, Officer Justin Hice of Olathe was in pursuit of a speeding car, accelerating to more than 100 mph before he accidentally struck a different vehicle and killed its two occupants. Last year, the state’s Court of Appeals concluded Hice was not shielded from liability under the broad immunity Colorado law provides to…
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Child neglect rulings in 3 cases reversed by Colorado appeals court
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Colorado’s second-highest court on Thursday determined judges in Montrose and Mesa counties improperly ruled against parents in child welfare cases, with one judge being the subject of two reversals. Weeks earlier, Montrose County District Court Judge D. Cory Jackson was reversed a third time by the Court of Appeals because he denied a woman’s request for…
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Montrose County judge wrongly terminated woman’s parental rights without lawyer, appeals court finds
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A Montrose County judge terminated a woman’s legal rights over her child after improperly denying her request for an attorney, Colorado’s second-highest court decided on Thursday. Under Colorado law, parents who are involved in child neglect cases have the right to legal representation at “every stage of the proceedings.” They can, however, choose to proceed…
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Federal judge finds Montrose County deputy did not unlawfully seize 33 guns
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A Montrose County sheriff’s deputy had probable cause to search a Cimarron home and seize 33 firearms based on information she learned about one of the home’s occupants, a federal judge ruled on Monday. Anna Dulaney, the owner of the home, sued Deputy Angela Grubbs for an alleged Fourth Amendment violation, arguing Grubbs’ application for a…
