Author: Michael Karlik
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Arapahoe County defendant serving life could receive new trial after lawyer withheld key details
An Arapahoe County defendant who is serving a life sentence for a 20-year-old murder could receive a new trial because his lawyer withheld key details that affected his decision to decline a plea deal, Colorado’s second-highest court ruled last week. There was no dispute that Michael Evans did not shoot the victim during an October…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Denver law students create AI-powered tools in federal judge’s ‘design sprint’
A tenant discovered a handwritten note on his door stating he had 48 hours to move out. The landlord changed the locks without notice or court proceedings. The tenant paid rent on time and had never received any complaints about a lease violation. As a result of the landlord’s actions, he could not get inside…
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SCOTUS arguments, varied workload: 6 Colorado solicitors general talk about job
Six current and former solicitors general of Colorado, including two who have since become members of the bench, spoke to attorneys on Wednesday about how the role has changed over time, what the workload entails, and their experiences arguing at the U.S. Supreme Court. “It is an incredible amount of time that you put in…
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Federal judge declines to end Denver sheriff employee’s sex discrimination suit
A federal judge tentatively green-lit a former Denver Sheriff Department sergeant’s sex discrimination lawsuit for trial last month, based upon allegations that three female employees were promoted ahead of him despite his qualifications. U.S. District Court Judge Nina Y. Wang described the evidence of discrimination as “not robust,” but she determined plaintiff Joseph Bowen had…
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Corrections officials may be sued for employee’s alleged abuse of detainee, federal judge rules
High-level corrections officials may be sued for their own alleged failures to prevent or respond to an employee’s sexual misconduct toward a detainee, a federal judge decided last month. Rajae Bouhamidi was incarcerated at the Denver Women’s Correctional Facility. In late 2022, corrections officer Justin Torres allegedly began to sexually harass her. Eventually, he ordered…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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Lawsuit from men wrongly arrested for Denver shooting dismissed by federal appeals court
The Colorado-based federal appeals court dismissed a lawsuit last week from two men who were arrested as suspects in a downtown Denver shooting when they instead appeared to be the targets. Trevor Puller and Deandre Hutchinson alleged that they were driving in Lower Downtown at around 2 a.m. in April 2021 when an unidentified man…
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Colorado Supreme Court narrows consumer protection law for insurance claims
The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Car rental companies are not ‘insurers,’ Colorado Supreme Court rules
The Colorado Supreme Court decided on Monday that car rental companies offering insurance policies are not also “insurers” under state law, who may be sued for their failure to pay out benefits on claims. By 4-3, the justices further concluded that Hertz Corp. was not a “de facto” insurer simply because it was heavily involved…