u.s. supreme court
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Colorado’s Timothy Tymkovich channeled in 303 Creative decision from SCOTUS
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When the U.S. Supreme Court’s conservative majority opened the door for certain businesses to deny service for reasons related to sexual orientation, Justice Neil M. Gorsuch repeatedly turned to the words of his friend and former appellate colleague, Timothy M. Tymkovich. Tymkovich, who sat on the three-judge panel that first decided 303 Creative v. Elenis in 2021,…
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Questions arise about ‘fake’ customer in SCOTUS anti-discrimination case
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On Friday, the U.S. Supreme Court will likely hand down a decision in a case out of Colorado that could permit artistically oriented businesses to decline service to LGBTQ customers. On June 29, however, The New Republic reported that part of the evidence submitted in the lawsuit of 303 Creative v. Elenis references a purportedly gay customer who sought…
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Colorado policymakers eye revisions to speech-based criminal laws in response to SCOTUS decision
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After the U.S. Supreme Court clarified on Tuesday that Colorado’s law criminalizing stalking fails to account for a defendant’s intent in making threatening comments, state policymakers suggested legislation may be warranted to balance the need to protect victims with the constitutional requirement to respect free speech. The state Supreme Court will also likely need to…
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Federal judge finds constitutional violation in Aurora ‘Labor Day Massacre’ murder trial
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A federal judge last week agreed a man convicted more than 20 years ago for a series of Aurora murders known as the “Labor Day Massacre” had his constitutional rights violated when prosecutors played for jurors unreliable statements from a second homicide suspect. U.S. District Court Judge Nina Y. Wang made the unusual finding that…
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Colorado Supreme Court rules domestic violence treatment is not ‘punishment’
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Domestic violence treatment imposed after a criminal conviction is not “punishment,” the Colorado Supreme Court ruled on Monday, meaning that judges alone can determine whether a crime amounts to domestic violence. Justice Richard L. Gabriel explained in the June 12 opinion that while state lawmakers have not specified whether a finding of domestic violence is…
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Colorado Supreme Court ponders role of juries in evaluating prior convictions
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More than two years ago, when the Colorado Supreme Court found that juries, not judges, must decide if people accused of felony drunk driving are repeat offenders, it prompted defendants found guilty of other offenses to wonder whether their own prior convictions were something prosecutors must prove to juries beyond a reasonable doubt. In two…
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Katharine Lum formally sworn in as newest appeals judge, reminds colleagues about plight of self-represented litigants
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When Katharine E. Lum received a ticket for her car accident, she unexpectedly found herself anxious when she showed up to court representing herself, as litigants in legal matters routinely do. “If I was this nervous as a trained attorney, how must they have felt? Especially folks for whom a traffic fine meant the difference…
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Denver Public Schools sees bump in new Spanish-speaking students
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More than 350 new Spanish-speaking students enrolled in Denver Public Schools within the first weeks after an influx of immigrants from South and Central American arrived in the Mile High City, school district data shows. The Denver Gazette requested, under the Colorado Open Records Act, the number of newly enrolled Spanish-speaking students from Nov. 5,…
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WATCH: Democrats slam Kirkmeyer over GOP candidate’s support for national abortion ban in new TV ad
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National Democrats took to the air Tuesday in Colorado with a TV ad linking Republican congressional candidate Barb Kirkmeyer to a potential national ban on abortion. The 30-second spot, released by the Democratic Congressional Campaign Committee’s independent expenditure arm, includes archival footage of the GOP nominee in Colorado’s 8th Congressional District saying she “[doesn’t] agree…
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A LOOK BACK | Colorado legislator repeals state’s anti-miscegenation law
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Sixty-Five Years Ago This Week: State Rep. Bob Allen, D-Denver, was sponsoring House Bill 57-1039 which would repeal Colorado’s anti-miscegenation law. The law stated, “All marriages between Negroes or mulattoes of either sex and white persons are declared to be absolutely void.” Fifteen years previously Colorado’s Supreme Court had ruled in Jackson v. Denver that…
