supreme court
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Colorado Supreme Court, 5-2, endorses use of illegally obtained evidence against convicted man
Even though police violated Ari Misha Liggett’s Miranda rights when they interrogated him, an Arapahoe County judge properly allowed prosecutors to use those statements against Liggett if he attempted to introduce evidence of his mental illness, the Colorado Supreme Court ruled on Monday. The 5-2 decision implicated the ability of mentally ill people to pursue…
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Report: Formal judicial discipline proceedings increased in 2022, while corrective actions declined
Last year, the Colorado Commission on Judicial Discipline commenced more formal disciplinary cases against judges than it had in the prior 12 years total, according to the commission’s annual report, while at the same time issuing relatively few corrective actions. The commission’s 2022 report indicated it received 249 complaints, officially known as requests for evaluation…
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Federal judge upholds constitutionality of law against possessing guns without serial numbers
Although a major U.S. Supreme Court decision last year made it easier to strike down gun safety regulations as unconstitutional, a federal judge agreed on Monday that a law banning the possession of guns that lack serial numbers does not run afoul of the Second Amendment. Within months of his indictment for possessing a firearm…
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Colorado lawmakers vote to let themselves block constituents on social media
Colorado lawmakers on Thursday decided to allow themselves to block their constituents on social media. If signed into law, House Bill 1306 would give all elected officials in the state the power to block someone from viewing or interacting with an official’s social media pages – for any reason. This would apply to their personal social media…
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Guilty, yet innocent: Colorado justices examine requirements for unique type of plea
In 1970, the U.S. Supreme Court gave its approval to a special type of guilty plea, one in which a criminal defendant maintains his innocence while, at the same time, accepting a plea deal from the prosecution. Those “Alford pleas,” named after the case North Carolina v. Alford, are permissible when a defendant believes it is…
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Federal judge forges ahead in hearing challenge to new Colorado abortion law
Even though Colorado’s attorney general and multiple regulatory boards have promised they will not immediately enforce a new state law against “abortion-reversal” medication, a federal judge will still hold a hearing Monday morning on whether to extend his own narrow injunction against the law. Last Saturday, U.S. District Court Judge Daniel D. Domenico turned down…
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Federal judge declines to block Facebook from showing Loveland man ‘pornographic ads’
A federal judge last week declined a Loveland man’s request to block Facebook from showing him advertisements he deemed pornographic, and which left him feeling traumatized and sexually harassed. Alfred P. Reaud filed a lawsuit earlier this year against Meta Platforms, Inc., which owns Facebook. Reaud documented 93 “unwanted gross and offensive pornographic ads” he…
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SCOTUS hears challenge to Colorado stalking law, with questions about modern ‘sensitivity’
For nearly two years, Billy Raymond Counterman sent a musician thousands of unsolicited Facebook messages, carrying on a one-way conversation as if he had a relationship with her. Then things escalated. “Was that you in the white Jeep?” “I’m currently unsupervised. I know, it freaks me out too.” “Five years on Facebook. Only a couple…
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Former public defenders offer crash course on rights: Remain silent when interacting with cops
On a Saturday morning in Aurora, more than a dozen audience members – mostly people of color – received a crash course in how to interact with police without compromising any constitutional protections. The overarching message: You have the right to remain silent, and you should use it. “The idea of talking yourself out of something is…
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Colorado appeals court orders El Paso County judge to reopen case of man serving 100+ years
Colorado’s second-highest court last week ordered an El Paso County judge to hold a hearing on an incarcerated man’s claim that he received constitutionally-ineffective assistance of counsel, based on his trial lawyer’s decision not to call multiple witnesses who would have corroborated the defendant’s alibi. Antonio Jose Vargas Jr. is serving a 96-year sentence for…