Author: Michael Karlik
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Federal judge green-lights excessive force trial against Fort Collins officers
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A federal judge concluded last week that a jury will need to resolve whether two Fort Collins police officers violated a man’s constitutional rights by using excessive force after he refused to accept a citation. In a Jan. 21 order, U.S. District Court Judge Charlotte N. Sweeney analyzed the severity of plaintiff Andru Kulas’ alleged…
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Federal judge declines to dismiss strike-breaking nurses’ lawsuit over wage violations
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A federal judge last week declined to dismiss 39 nursing employees’ claims for compensation against a Greenwood Village-based company for its alleged violations of state and federal law. U.S. Nursing Corporation employs health care professionals to cross the picket lines during strikes. During a three-day strike in October 2023 at Kaiser Permanente facilities, USN sent…
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
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A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Appeals court overturns convictions after Douglas County judge let biased juror serve
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Colorado’s second-highest court reversed a defendant’s robbery-related convictions and 18-year prison sentence on Thursday because a Douglas County judge allowed a biased juror to serve. During Ahmarion Kaliel Shead’s trial in January 2023, one juror, identified as “J.H.,” indicated on his questionnaire that he was “pro-law enforcement.” J.H. also disclosed that a relative worked for…
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Federal judge blocks USDA ‘pilot project’ affecting Colorado food assistance
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A federal judge blocked the U.S. Department of Agriculture on Wednesday from proceeding further with a “pilot project” that would require five Colorado counties to rapidly recertify more than 100,000 households for food assistance. In a brief ruling from the bench, U.S. District Court Senior Judge R. Brooke Jackson found Colorado would face imminent and…
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Colorado lawmakers hear about increased judicial discipline complaints, fallout from Missy Woods misconduct
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Members of the Colorado legislature’s judiciary committees heard about a large increase in complaints against judges and additional forensic misconduct that has come to light, during three days of oversight hearings last week. Leaders of several judicial-related agencies appeared between Jan. 20-23 to address their priorities and field questions from legislators. On behalf of the…
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Federal judge warns DOJ against raising repeatedly rejected arguments in immigration detention cases
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A federal judge in Colorado warned the U.S. Department of Justice on Monday against raising arguments that she and other judges have repeatedly rejected in cases challenging the lawfulness of immigration detentions. In a Jan. 26 order finding the government is wrongfully detaining a Cuban national without a bond hearing, U.S. District Court Judge Charlotte…
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Colorado Supreme Court to address child’s CCTV testimony
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The Colorado Supreme Court announced on Monday that it will review the impact of a victim’s closed-circuit testimony on the prosecution of a juvenile defendant. At least three of the court’s seven members must agree to hear an appeal. There is currently one vacancy, which will be filled next month. The justices also signaled they…
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10th Circuit to hold all-judges hearing, judicial committee turns down ‘civility code’ | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The Denver-based federal appeals court agreed to hold a rare all-judges hearing in a criminal case, plus a state Supreme Court committee overwhelmingly rejected a proposal for an enforceable “civility code.” Heard on appeal • The Colorado Supreme Court seemed reluctant…
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Divided Colorado Supreme Court curtails use of laced-substances defense
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The Colorado Supreme Court on Monday walked back the ability of criminal defendants to claim their conduct was the result of consuming an intoxicating substance that secretly contained another behavior-altering substance. Under state law, “involuntary intoxication” is an affirmative defense, meaning the prosecution has to disprove some component of that defense for the jury to…
