Author: Michael Karlik
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Colorado justices confirm lawyers may ‘borrow’ allegations from elsewhere
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The Colorado Supreme Court ruled on Monday that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they file are well-grounded in fact to…
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Colorado justices restore RTD subcontractor’s award, reject ‘drastic’ view of public works law
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The Colorado Supreme Court on Monday restored a $5.7 million award to a company that helped build a commuter rail line and, in doing so, rejected a view of state law that would nullify a subcontractor’s entitlement to any compensation if they knowingly try to recover more than they are owed. Justice Richard L. Gabriel…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
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The Colorado Supreme Court concluded on Monday that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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Federal judge sides with Mesa County school district in ex-student’s First Amendment claims
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A federal judge concluded last week that Mesa County Valley School District 51 and three of its administrators did not violate the First Amendment rights of a former student when they imposed minor discipline in response to disruptive behavior. In the landmark 1969 decision of Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court…
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Colorado Supreme Court intervenes in 4 ongoing cases
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The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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Federal judge releases man immediately as consequence for immigration judge disobeying orders
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A federal judge ordered a man’s immediate release from immigration detention on Thursday after finding an immigration judge disregarded his prior orders requiring a bond hearing. For the past year, Colorado’s federal district court has faced a flood of “habeas corpus” petitions from those in immigration detention. The most common allegation is that the government is…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
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The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
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The Denver-based federal appeals court announced on Thursday that it will hold a rare all-judges review of a recent decision that permits Colorado to require out-of-state banks to abide by the state’s maximum interest rates when they lend to in-state residents. Even more unusually, it is the second full-court hearing the U.S. Court of Appeals…
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Colorado appeals court orders new sentencing for Tina Peters, upholds convictions
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Colorado’s second-highest court determined on Thursday that a trial judge improperly sentenced former Mesa County clerk Tina Peters based upon her exercise of protected speech, while at the same time upholding her convictions. The three-judge Court of Appeals panel also concluded that President Donald Trump’s attempted pardon of Peters for state-level convictions last year was…
