us supreme court
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Why is Colorado’s chief justice now the chief dissenter?
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The Colorado Supreme Court has just begun its new term and, in its first two weeks, has released eight new opinions. Unusually, four of those featured dissents. Even more unusually? The dissents had one thing in common: Chief Justice Monica M. Márquez. So far, she agreed with a disbarred district attorney that the state’s disciplinary…
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10th Circuit judges hear about security, public engagement at conference
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Federal trial and appellate judges from Colorado and neighboring states heard about physical security, ways to engage with the public and other topics at a recent conference sponsored by the Denver-based appeals court. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit — which has jurisdiction over federal appeals from Colorado, Oklahoma,…
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Judge dismisses constitutional claim against detective despite ‘eyebrow-raising’ investigation into motel
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A federal judge on Friday dismissed a Greenwood Village motel operator’s constitutional rights claim against a detective who allegedly singled out the establishment for a criminal investigation based on its willingness to house people with disabilities long-term. Zarrin Hospitality Group, Inc. is the operator of a Motel 6 at 9201 E. Arapahoe Road. Its owner…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
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Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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Federal judge permits excessive force claim to proceed against prison employees
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A federal judge on Wednesday agreed two state prison employees could be sued for allegedly using excessive force against an incarcerated man. Jared Lee Chavez, representing himself, alleged “Sgt. Smith” and “Sgt. Grilli” violently pulled Chavez from his cell at Sterling Correctional Facility in February 2022. Chavez allegedly complied with orders, but the defendants slammed…
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Federal judge dismisses challenge to Jeffco overnight field trip policy’s reliance on gender identity
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A federal judge on Thursday dismissed a constitutional challenge to the overnight field trip policy of Jeffco Public Schools, filed by multiple families who objected to rooming assignments based on students’ gender identities as opposed to their sex assigned at birth. U.S. District Court Judge Regina M. Rodriguez concluded the 14th Amendment’s protection of a…
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Despite prevailing at SCOTUS, 10th Circuit again rejects man’s age discrimination lawsuit
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Six months after the nation’s highest court ruled that a man could theoretically reopen his age discrimination case to contest an arbitrator’s unfair decision, the Denver-based federal appeals court determined he could not actually do so under the procedural rules. As a result, plaintiff Gary Waetzig cannot challenge his arbitrator’s violation of her arbitration agreement…
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Federal judge rejects challenge to Colorado ‘buffer zone’ law for abortion clinics
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A federal judge on Tuesday rejected a Denver woman’s challenge to Colorado’s 32-year-old law restricting proselytizing at abortion clinics, with the ultimate goal of the litigation being to ask the U.S. Supreme Court to overrule its precedent on the subject. In 1993, Colorado legislators enacted a law generally prohibiting people from approaching others, within eight feet,…
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Denver judge failed to let defendant speak, appeals court finds in overturning 48-year sentence
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A Denver judge did not satisfy her obligation to ensure a defendant knew he could speak on his own behalf at sentencing, Colorado’s second-highest court determined in ordering a new sentencing hearing on Thursday. Jurors convicted Joe Pinheiro of second-degree murder in 2022 for fatally shooting Philip Malinowski five years earlier. The parties disputed whether Pinheiro’s…
