u.s. supreme court
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Colorado Supreme Court examines reasonableness of DPS search of student on ‘safety plan’
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The Colorado Supreme Court considered this week what constitutional safeguards are necessary when school officials place students on “safety plans” that call for routine searches, even when there is no reasonable suspicion of an offense. The case may be the first in the country scrutinizing student safety plans, and balancing the Fourth Amendment’s prohibition on…
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Colorado AG, Supreme Court justice speak at summit about challenges facing democracy
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At an event last month broadly touching on the challenges facing American democracy, Attorney General Phil Weiser and Justice Melissa Hart provided their views on the dangers of artificial intelligence, digital speech and the recent U.S. Supreme Court decisions curtailing longstanding protections for abortion rights and affirmative action. Weiser explained that he is most concerned…
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Douglas County judge wrongly let man represent himself, appeals court rules in reversing convictions
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A Douglas County judge was wrong to let a man represent himself at trial without ensuring he understood the basic elements of his case first, Colorado’s second-highest court ruled on Thursday in overturning the defendant’s convictions. The Court of Appeals’ decision was the second time this year it ordered a new trial for David Antonio…
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Judge blocks Colorado from enforcing non-discrimination policy against Christian preschool
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A federal judge has blocked the state from “expelling, punishing, withholding funds from, or otherwise disciplining” a Christian preschool in Chaffee County, even though its policies appear to violate the non-discrimination requirements of Colorado’s universal pre-K program. U.S. District Court Judge Daniel D. Domenico last week granted Darren Patterson Christian Academy a preliminary injunction based…
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Federal judge hears latest round of argument on Colorado law against ‘abortion reversal’ treatment
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Nearly six months after letting the case go dormant so a trio of regulatory bodies could evaluate the practice, a federal judge heard arguments on Tuesday over whether to block Colorado from enforcing an effective ban on “abortion reversal” treatment against a Catholic health clinic. Bella Health and Wellness, a faith-based healthcare provider with locations…
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Colorado Supreme Court to hear latest LGBTQ discrimination case against Masterpiece Cakeshop
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The Colorado Supreme Court announced on Tuesday that it will decide whether a Lakewood cake maker violated the state’s anti-discrimination law when he declined to supply a cake to celebrate a customer’s gender transition, or if the First Amendment protected his refusal. The case involves a familiar name: Masterpiece Cakeshop, whose owner, Jack Phillips, was…
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Colorado Supreme Court rejects expanded role for juries in analyzing prior convictions
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The Colorado Supreme Court on Tuesday rejected the argument that juries should be the ones who increase the severity of a defendant’s convictions by evaluating prior convictions – meaning judges alone retain the authority to transform a misdemeanor into a felony in some instances. The question of whether juries should decide beyond a reasonable doubt whether…
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10th Circuit declines to consider prison food-tampering claim
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The federal appeals court based in Denver has declined to consider an incarcerated man’s allegations that a prison official tampered with his food by placing “light brown matter,” “red matter” and saliva on his meals, causing illness. On Aug. 16, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit issued an…
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10th Circuit upholds validity of federal sentencing recommendations
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When Congress created the U.S. Sentencing Commission in 1984, it intended to reduce disparities in criminal sentencing at the federal level by developing a set of guidelines, which trial judges now reference during sentencing. However, the guidelines are also accompanied by commentary – notes that clarify and expand upon the meaning of the guidelines. In recent…
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Colorado leaders cautious about altering anti-discrimination law following SCOTUS decision
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After the U.S. Supreme Court ruled that a Christian website designer, along with businesses that create speech, do not have to serve LGBTQ customers if the desired message violates their beliefs, policymakers in Colorado are pondering whether changes to the state’s anti-discrimination law are warranted. Currently, the Colorado Anti-Discrimination Act (CADA) makes it unlawful for businesses…
