scotus
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Colorado Supreme Court oral arguments, chief appeals judge to retire | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court held oral arguments in multiple cases and traveled to the Eastern Plains to visit with students, plus the chief judge of the Court of Appeals is retiring. Supreme Court news • The Colorado Supreme Court decided a…
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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U.S. Supreme Court will hear challenge from Colorado Catholic preschools on state funding exclusion
WASHINGTON (AP) — The Supreme Court will hear from Catholic preschools that say Colorado violated their religious rights by excluding them from a state-funded “universal” pre-kindergarten program over their admission policies. The court agreed on Monday to take up the appeal from St. Mary Catholic Parish in its challenge against a state program. That challenge…
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Federal judge finds no constitutional violation by Huerfano County well inspectors
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
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
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
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…