Author: Michael Karlik
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Colorado justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
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Federal judge orders immigration agents to follow law on warrantless arrests, imposes requirements on ICE
A federal judge on Tuesday ordered the government to follow the legal requirements for warrantless immigration arrests, finding a practice of agents in Colorado taking noncitizens into custody without evaluating the likelihood they are a flight risk. In a Nov. 25 order, U.S. District Court Senior Judge R. Brooke Jackson acknowledged federal employees are authorized…
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Appeals court, for third time, confirms new trial necessary for Alamosa County judge’s public trial violation
Colorado’s second-highest court confirmed for the third time last week that an Alamosa County judge violated a defendant’s constitutional right to a public trial, which requires the reversal of his convictions. The unusual number of opinions in Gilberto Andres Montoya’s appeal, and the shifting rationale for why a new trial is necessary, stems in part…
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Appeals court overturns road rage murder conviction due to faulty jury instruction
Colorado’s second-highest court overturned a defendant’s murder conviction on Thursday, concluding an Arapahoe County judge provided an incorrect self-defense instruction to the jury about the road rage encounter. In November 2020, Romeo Desean Thompson was behind Phillip Hunt at an intersection. The light turned green, but Hunt did not immediately move forward. Thompson honked, after…
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Federal judge believes government would follow her orders on immigration detention ‘under normal circumstances’
A federal judge agreed on Thursday that she would allow a class of approximately 500 people in Colorado’s immigration detention to challenge the government’s refusal to set their bond, which she already found to be a likely violation of the law. At the same time, U.S. District Court Judge Regina M. Rodriguez said she was…
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Federal judge fines lawyer $3,000 for ‘reckless’ filings with incorrect info
Judge suspects use of generative artificial intelligence; attorney denies using AI A federal judge took the unusual step last week of fining an attorney $3,000 for submitting flawed case citations, being evasive when her opposing counsel raised concerns and relying on cases that did not support her argument. U.S. District Court Judge Nina Y. Wang…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea 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…
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Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot be sued over a collision that occurred as a result of traffic lights that were functioning normally in one direction, but were inoperative in the perpendicular direction. Construction was occurring at the intersection of South Tejon Street and…
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Colorado justices address conflict between anti-SLAPP law, state constitution
Colorado lawmakers in 2019 created a mechanism to quickly dispose of lawsuits over conduct that implicates a person’s First Amendment rights, specifically the rights to free speech and to petition the government. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided that when a judge rules on a motion…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…