Party Presentation Principle
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Susan Blanco signals views on role of appellate courts in first opinion as Colorado justice
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Justice Susan Blanco’s first solo opinion as a new member of the Colorado Supreme Court made clear her view of the guardrails that keep the state’s highest court tethered to the issues it is asked to decide. On Monday, the court issued a 4-3 decision in a criminal appeal. Blanco, while part of the majority,…
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Divided Colorado Supreme Court finds Denver detective did not violate defendant’s Miranda rights
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The Colorado Supreme Court determined on Monday that a Denver detective did not improperly resume questioning of a defendant in custody after he invoked his right to counsel. By 4-3, the justices reversed a trial judge’s order that found a violation of Dakotah J. Lulei’s Miranda rights. The Supreme Court’s majority based its decision on…
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Supreme Court justice, appeals judge spar over authority to decide issues | APPELLATE UPDATE
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One of Colorado’s Supreme Court justices and a member of the Court of Appeals debated on Friday about how far appellate judges should go when deciding cases using reasons that are different from the ones the litigants argued in court. Justice Richard L. Gabriel described the “party presentation principle” as stemming from the idea that…