richard gabriel
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Colorado justices skeptical of ‘free house’ loophole in bankruptcy case
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Members of the Colorado Supreme Court appeared wary on Tuesday of the idea that bankruptcy can trigger a six-year window for foreclosure, after which banks are no longer able to take possession of a home – even if decades remain on the mortgage itself. Beyond the legal and practical concerns behind the “free house” interpretation of…
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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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All charter school decisions from state board are final, Supreme Court rules
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The Colorado Supreme Court on Monday rejected a reading of state law that would enable some of the Colorado State Board of Education’s decisions on charter school applications to be challenged in court, finding instead that the law renders all decisions final and unappealable. The justices reversed a ruling from the Court of Appeals, which…
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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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Tina Peters may not force judge to testify about courtroom recording incident, Supreme Court rules
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The Colorado Supreme Court has swatted down an attempt by Mesa County Clerk and Recorder Tina Peters to force the judge presiding over her criminal case to provide testimony about Peters’ alleged misconduct – specifically, that she video-recorded court proceedings and lied about it. The sprawling controversy in Mesa County originated with the allegations that Peters…
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By 5-2, state Supreme Court rules Thornton mayor not a council member
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Thornton Mayor Jan Kulmann may serve two terms as the city’s top elected official after the Colorado Supreme Court ruled on Monday that her time spent as a council member does not bar her from further service on the city’s nine-member council. By 5-2, the court found Thornton’s charter distinguished the mayor and eight ward…
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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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Appeals court finds no problem with sleeping juror at Arapahoe County trial
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Colorado’s second-highest court last week saw no problem with an Arapahoe County judge’s lack of further inquiry after the defendant’s lawyer claimed she saw a juror sleeping through the defense’s closing arguments. Although Amber A. Threlkel’s lawyer alleged one juror was “sleeping throughout a significant portion of my closing argument” at Threlkel’s 2019 trial, District…
