supreme court
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Divided appeals court finds no misconduct from Denver prosecutor’s inflammatory argument
While the Colorado Supreme Court has established that prosecutors may not characterize a witness’s testimony as a “lie,” the state’s second-highest court has decided, by 2-1, a Denver prosecutor did not cross the line by repeatedly using a synonym for “lie.” Jurors convicted Rigoberto E. Fernandez in 2015 for stabbing a man at Montbello Recreation…
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10th Circuit conference features Gorsuch, discussions about ‘judicial endeavor’
The federal appeals court based in Denver convened its annual conference last week, featuring an appearance from a U.S. Supreme Court justice, panels about criminal sentencing and election law, and private discussions between judges at all levels of the federal system. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit, which has…
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Q&A with Brad Ross-Shannon | Trial lawyer discusses Colorado’s first Jury Appreciation Day
This year, the General Assembly enacted a bill establishing “Jury Appreciation Day” in Colorado, which will be commemorated for the first time on Sept. 5. The date is tied to a jury’s 1670 verdict in the trial of William Penn and William Mead, who the British government prosecuted for preaching in public. The court retaliated…
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10th Circuit returns Christian web designer case to trial court following SCOTUS ruling
The federal appeals court based in Denver issued a brief order on Thursday returning the case of Christian web designer Lorie Smith to a trial judge, two months after the nation’s highest court sided with her and narrowed the scope of Colorado’s anti-discrimination law. In 303 Creative v. Elenis, Smith sought an injunction to prevent the…
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10th Circuit declines to allow Colorado’s new gun law to take effect during appeal
The federal appeals court based in Denver declined on Tuesday to suspend a trial judge’s order preventing Colorado from enforcing a new law that increased the firearm purchase age from 18 to 21. Previously, U.S. District Court Chief Judge Philip A. Brimmer granted a preliminary injunction to two Colorado residents who challenged the constitutionality of…
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10th Circuit reinstates challenge to Colorado’s regulations on ballot issue advocacy groups
The federal appeals court based in Denver has reinstated a legal challenge to Colorado’s regulations on groups advocating for or against ballot initiatives, which require registration with the state and, in some instances, disclosure of donors. Previously, a trial judge threw out the lawsuit from the Colorado Union of Taxpayers, Inc. after finding the conservative…
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Colorado’s billboard regulations comply with First Amendment, 10th Circuit rules
The federal appeals court based in Denver ruled on Tuesday that Colorado’s rules governing paid advertising along highways do not violate the First Amendment, as they do not discriminate based on the content of the billboards. Two outdoor advertising companies challenged the state’s recently enacted regulations that require billboard owners to obtain a permit from…
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More than opinions: Some appellate judges wax philosophical in journal articles
The life of an appellate judge revolves around reading and writing, but some members of Colorado’s state and federal courts have published their musings off the bench in recent years, expanding upon the issues and initiatives they confront in their day jobs. Colorado Politics located five journal articles published in 2022 and 2023 whose authors…
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Denver police failed to provide Miranda warning to suspect, appeals court finds
Colorado’s second-highest court agreed last week that a suspect was both in custody and subject to interrogation, meaning Denver police needed to provide a Miranda warning for his statements to be admissible at trial. However, the three-judge panel for the Court of Appeals simultaneously found Dalani D. Bland’s comments to police about a bar fight…
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Federal judge to Congress: Roll back Supreme Court’s limitations on suing federal officials
In an extraordinary move, a federal judge in Colorado has called upon Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for constitutional violations. U.S. District Court Senior Judge William J. Martínez, in an Aug. 3 order, criticized the fact that prisoners, if they are in a federal facility, are largely…