Author: Michael Karlik
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Elizabeth School District dismisses challenge to book-ban injunction on eve of appellate arguments
An Elbert County school district has dismissed its challenge to a judge’s injunction ordering it to return banned books to library shelves, days before the Denver-based federal appeals court was set to hear oral arguments this week. Although a three-judge panel of the U.S. Court of Appeals for the 10th Circuit formally dismissed the case…
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Federal judge says prisoner cannot sue for dog-bite injury
A federal judge concluded last week that a man cannot sue the government for injuries he sustained when a dog allegedly attacked him while he participated in a prison program. Kenneth M. Chandler, representing himself, was participating in the “FIDOS” program at the federal penitentiary in Littleton in June 2024. While he was training his…
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Appeals judge asks Colorado Supreme Court to once again clarify magistrate rules
A member of Colorado’s second-highest court urged the state Supreme Court last week to revise confusing language in the rules governing magistrates, less than two weeks after an attempted cleanup of the rules took effect. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
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State Supreme Court holds oral arguments, 10th Circuit revives dormant initiative | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court heard oral arguments last week in multiple civil and criminal cases, plus the Denver-based federal appeals court is doing something unusual for its own round of arguments this week. At the Supreme Court • In a rare…
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In Tina Peters appeal, judges telegraph some degree of reversal | ANALYSIS
Former Mesa County clerk Tina Peters seems poised to walk away from the state’s Court of Appeals with her criminal convictions largely intact, even as a three-judge appellate panel raised concerns about her sentence and one specific conviction. Peters, a Republican who served one term following her 2018 election, is serving a roughly nine-year prison…
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Colorado justices clarify procedure for defendants to access DNA analyst’s criminal file
The Colorado Supreme Court ruled on Monday that trial judges may order Jefferson County prosecutors to disclose information related to the criminal prosecution of a DNA analyst accused of misconduct, but defendants seeking those files cannot rely on the order alone to gain access. Yvonne “Missy” Woods is a former Colorado Bureau of Investigation DNA…
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San Miguel County judge intends to resign as discipline authorities seek alternate resolution
A San Miguel County judge and the Colorado Commission on Judicial Discipline informed a disciplinary panel last week that new information about the judge’s health has come to light suggesting further proceedings may not be appropriate, and the judge will instead resign from the bench. The Colorado Supreme Court suspended County Court Judge Sean K.…
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Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
Colorado’s second-highest court concluded on Wednesday that defendants cannot challenge whether the evidence was sufficient to sustain their convictions if their lawyer argues to the jury that it should find the defendant guilty. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may intentionally concede their client’s guilt. In…
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Federal judge sides with Douglas County School District in ex-admin’s discrimination lawsuit
A federal judge concluded last week that a former high school administrator had not proven his claims of religious discrimination against the Douglas County School District. Corey McNellis had worked at Ponderosa High School since 2002 and served as the athletic director and assistant principal at the time of his termination in October 2020. According to…
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Appeals court orders new menacing trial after faulty self-defense instruction
Colorado’s second-highest court ordered a new trial last week for an El Paso County defendant convicted of felony menacing, concluding an erroneous self-defense instruction may have influenced the verdict. Under Colorado law, self-defense is an affirmative defense, meaning the prosecution must disprove at least one component in addition to proving the underlying offense. Judges are…