Author: Michael Karlik
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Colorado’s incoming chief appeals judge lays out agenda | APPELLATE UPDATE
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The incoming chief judge of Colorado’s Court of Appeals told lawyers on Friday that his goals for his four-year term include figuring out why criminal cases are taking nearly 1.5 years on average to reach appellate judges’ desks. “Criminal briefing is one of my biggest focuses, to be blunt,” said Judge Ted C. Tow III.…
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Colorado appeals judges give tutorial on friend-of-the-court briefs | APPELLATE UPDATE
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Two members of the Colorado Supreme Court and Court of Appeals described to attorneys on Friday how and when to submit advocacy briefs from outside entities — and the tactics that turn off the judges who read them. “I get that there are certain advocacy groups on particular sides. I can pick up a particular…
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Colorado appellate judges, lawyers hold annual conference | APPELLATE UPDATE
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Appellate judges and attorneys gathered in Denver on Friday to discuss recent trends, exchange tips, and clarify confusing areas of practice. “One of the things I really had to focus on, coming from the trial court, is that my inclination before was to make sure things are raised and people were getting their questions answered.…
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Divided appeals court finds no prosecutorial misconduct in prison assault case
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Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Boulder County prosecutor improperly used defendant’s silence as guilt, appeals court finds
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Colorado’s second-highest court reversed a Boulder County defendant’s sexual assault conviction last week after concluding that a trial judge should have intervened to stop the prosecutor from inappropriately using the man’s constitutional right to silence to suggest he was guilty. Prosecutors charged Charles G. Higdon III with two counts of sexual assault. Jurors acquitted him…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Colorado Supreme Court rebuffs DA’s office over evidentiary appeal
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The Colorado Supreme Court rebuffed a district attorney’s office on Monday for immediately pursuing an appeal of a trial judge’s evidentiary decision that the court had no authority to hear. State law authorizes prosecutors to file a mid-case, or “interlocutory,” appeal to the Supreme Court when a judge suppresses key evidence from being used in…
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Colorado justices recognize limited right to evidence in postconviction challenges
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The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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Colorado justices confirm water-related enterprises may condemn private property
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The Colorado Supreme Court confirmed on Monday that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure water supply for residents. The enterprises…
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Judge’s students create AI apps, solicitors general gather for group discussion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A federal judge’s law students created artificial intelligence-powered apps to address access-to-justice issues, plus half a dozen current and former solicitors general of Colorado spoke about the unique role. State Supreme Court news • The Colorado Supreme Court decided that lifetime…