scotus
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Federal judge finds no constitutional violation by Huerfano County well inspectors
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A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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Federal judge sides with Mesa County school district in ex-student’s First Amendment claims
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A federal judge concluded last week that Mesa County Valley School District 51 and three of its administrators did not violate the First Amendment rights of a former student when they imposed minor discipline in response to disruptive behavior. In the landmark 1969 decision of Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court…
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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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Federal judge upholds constitutionality of Colorado campaign contribution limits
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A federal judge upheld Colorado’s individual campaign contribution limits as constitutional on Thursday, finding that three Republican plaintiffs failed to prove the campaign finance framework violates their First Amendment rights. U.S. District Court Senior Judge John L. Kane recognized that Colorado’s limitations on individual contributions to state political candidates are among the lowest in the…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Colorado justices speak about inner workings of court, analysis of appellate opinions | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Members of the state Supreme Court provided an inside look at the workings of their institution, and a Colorado Politics analysis found that some appellate judges are producing many more precedent-setting opinions than their colleagues. Colorado Supreme Court update • By…
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
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A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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SCOTUS whisperer? Justice Carlos Samour may get second opportunity to turn state dissent into national precedent
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For the second time in two years, Justice Carlos A. Samour Jr. occupies an unusual position: Having his dissent in a Colorado Supreme Court case potentially forming the basis of U.S. Supreme Court precedent. Earlier this week, the nation’s highest court accepted an appeal questioning whether plaintiffs may sue fossil fuel producers under state law…
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Judge Timothy Tymkovich to step aside, create Colorado-based vacancy on 10th Circuit
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Judge Timothy M. Tymkovich of Colorado has announced his intent to step aside as an active member of the Denver-based federal appeals court, creating the first vacancy for President Donald Trump to fill in his second term. In a Feb. 24 letter to Trump and various members of the federal judiciary, Tymkovich indicated he will…