Author: Michael Karlik
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
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A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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Appeals court calls out Denver judge for illogical denial of sentence reduction
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A Denver judge wrongly rejected a convicted defendant’s request for a sentence reduction because his stated reasons for denying the motion could not possibly have been true, Colorado’s second-highest court concluded on Thursday. Jurors convicted Brent M. Kelley in 2018 of second-degree murder and a drug offense. He received a 47-year prison sentence. After appealing…
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Federal judge dismisses bulk of claims against UCCS, employees over instructor’s alleged predatory behavior
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A federal judge on Monday dismissed several claims by a former University of Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her. Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at…
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Colorado justices may address whether defendants have right to review evidence when challenging convictions
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The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
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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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Judicial recusals on Colorado’s federal trial court, state Supreme Court examines family law system | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Colorado’s federal judges recused themselves from cases more than 200 times in four years, plus one of the state’s justices indicated the Colorado Supreme Court is looking at ways to improve the family law system. Heard on appeal • The Colorado…
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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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Colorado Supreme Court says Boulder County judge could not order DA to pay for defense lawyer’s costs
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A Boulder County judge exceeded her authority by ordering the district attorney’s office to pay a defense lawyer’s costs for deleting an improperly shared image, the Colorado Supreme Court ruled on Monday. The DA’s office sought the justices’ intervention after District Court Judge Dea M. Lindsey allowed defense counsel to recover nearly $3,000 from the…
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Appeals court tosses man’s convictions after Denver judge relied on expired pandemic-era law to violate speedy trial deadline
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A Denver judge mistakenly used an expired provision of state law to extend a defendant’s speedy trial deadline, Colorado’s second-highest court ruled on Thursday in overturning the man’s convictions and 34-years-to-life prison sentence. As part of the constitutional guarantee of a speedy trial, Colorado law generally requires the government to bring a defendant to trial…
