Author: Michael Karlik
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
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Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
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Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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Colorado Supreme Court’s opinion output drops by two-thirds amid justice’s absence
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The Colorado Supreme Court has released significantly fewer new opinions in recent months compared to the previous two years, even as the judicial branch insisted that a member’s open-ended absence is not causing delays. Justice Melissa Hart has been on an unusual leave of absence since Oct. 28, although she also was gone for the…
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Divided 10th Circuit rules bank customer must arbitrate discrimination-related claims
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The Denver-based federal appeals court ruled on Monday that a mandatory arbitration clause in the fine print of a customer’s bank account agreement prohibited her from pursuing claims of racial discrimination in court. Jeanetta Vaughn filed suit against JPMorgan Chase after the manager of its South Buckley Road branch in Aurora called the police on…
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Colorado’s federal trial court denies admission to lawyer owing tens of thousands in dues, penalties
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Colorado’s U.S. District Court declined last month to allow an attorney to practice before the court due to his failure to pay enrollment fees and penalties to another state’s bar association for years. The federal trial court requires attorneys to remain in “good standing” wherever they practice and to notify the court if that is…
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Federal judge labels appeal ‘frivolous,’ state Supreme Court to hold arguments | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A federal judge deemed a government defendant’s appeal “frivolous,” and the state Supreme Court will have an abbreviated oral argument schedule next week. Heard on appeal • The Colorado Supreme Court established a framework for determining if someone’s statements addressed an…
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Federal judge rejects Tina Peters’ request for release pending appeal
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A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
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The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Federal judge rejects DPS’ attempt to obtain 9News sourcing documents in First Amendment case
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A federal judge rejected Denver Public Schools’ attempt on Monday to obtain documents from 9News related to its interview with a former principal who alleges his termination amounted to a constitutional violation. At the same time, the attorney for plaintiff Kurt Dennis admitted that Dennis did, in fact, provide documents to the outlet showing a…
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Federal judge declines to order Denver to let police critic apply for review board
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A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…
