william hood
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Supreme Court modifies ruling in child neglect case, insists mother’s rights were honored
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The Colorado Supreme Court on Monday took the unusual step of modifying its recent ruling in a child neglect case, explicitly rejecting a mother’s claim that her procedural rights were violated in the welfare proceedings. In January, the court decided that when the government proves a child suffers a single serious bodily injury, even if…
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State Supreme Court abandons case questioning constitutionality of mental health law
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In an unusual move taken days after hearing oral arguments, the Colorado Supreme Court announced it will not render a decision after all on the constitutionality of a state law governing mental health commitments for criminal defendants. Last May, the justices agreed to consider the appeal of John Salvadore Cruz, who was acquitted of murder in…
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Justices critical of proposed racial bias rule supported by defense attorneys, trial judges
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Colorado’s Supreme Court justices gave a less-than-enthusiastic reception on Tuesday to a proposed rule that, if enacted, would aim to curb lawyers’ ability to remove people of color from criminal juries for reasons related to race. During a nearly three-hour hearing, prosecutors from across the state uniformly lined up to condemn the suggested change, with…
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State Supreme Court interprets ‘straw purchase’ law to encompass shared use of guns
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The Colorado Supreme Court on Monday interpreted a gun safety law enacted after the Columbine High School massacre, ruling for the first time that the illegal transfer of a firearm to a prohibited person can encompass the shared use of a weapon in a household. The court declined to say whether someone can violate the…
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By 4-3, state Supreme Court blocks probable cause hearings for class of defendants
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Even though all parties agreed John Robert Hacke will receive a mandatory prison sentence if convicted of identity theft, a majority of the Colorado Supreme Court decided on Monday that Hacke is not eligible for a hearing where he can challenge prosecutors’ evidence of probable cause. By 4-3, the Supreme Court found the requirement in…
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State Supreme Court clarifies effect of serious bodily injury on child welfare cases
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Once the government proves that, more likely than not, a child experienced a serious bodily injury, a judge may find no treatment plan is possible to help the parent become fit, the Colorado Supreme Court ruled on Monday. The justices took the uncommon step of hearing an appeal directly from Arapahoe County after noting the…
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Colorado’s property tax system hangs in balance as state Supreme Court mulls COVID-19 challenges
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Colorado’s Supreme Court justices on Wednesday spent three hours pondering a pair of questions that could open the door to widespread, perhaps even perpetual, property revaluations across the state: Did COVID-19 and the accompanying public health orders in 2020 constitute “unusual conditions” necessitating a reexamination of property values? And did those revaluations need to happen…
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Arapahoe County judge was wrong to condition parents’ visits with child on drug tests: Appeals court
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An Arapahoe County judge had no apparent legal basis to require two parents to submit to sobriety tests as a condition for visiting their child, Colorado’s second-highest court determined last week. Former District Court Judge Natalie T. Chase declined to permit a mother and father to resume in-person visits with a child identified as A.P.…
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By 5-2, state Supreme Court rules Thornton mayor not a council member
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Thornton Mayor Jan Kulmann may serve two terms as the city’s top elected official after the Colorado Supreme Court ruled on Monday that her time spent as a council member does not bar her from further service on the city’s nine-member council. By 5-2, the court found Thornton’s charter distinguished the mayor and eight ward…
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State Supreme Court wades through rules on child testimony in sex assault cases
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Out-of-court statements, known as hearsay, are typically not admissible at trial because a defendant cannot cross-examine the person making the comments. However, Colorado’s legislature has provided an exception for children in sex abuse cases. Their hearsay statements are allowed generally if they are younger than 15 or, in the alternative, whatever age is specifically mentioned…
