Tag: Colorado Supreme Court
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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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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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GUEST COLUMN: State Supreme Court hinders cities’ crime fight
In the days before Christmas, the Colorado Supreme Court decided to dump a heap of coal into the stockings of home-rule cities across our state. In a unanimous decision, the Court ruled that municipalities may not impose “harsher sentences than state law allows for an identical offense.” In one fell swoop, local governments lost meaningful authority…
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As Aurora police worry about court ruling’s impact on crime, council sees opening to revisit penalties
Aurora’s top police official is worried about the impact of a Colorado Supreme Court decision about penalties on the city’s crime rate, while progressive councilmembers see an opening to reverse decisions made by previous city councils. The court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own…
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Court: Municipal sentences may not be greater for identical state crimes
The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be prosecuted in…
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EDITORIAL: State Supreme Court abets local lawbreakers
Our state’s highest court not only undermined Colorado’s crime fight in a ruling handed down Monday, but it also flouted the will of our governor. It was Jared Polis, after all, who stood in the way of an attempt by the legislature last May to do what the Colorado Supreme Court wound up doing this…
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Justice Melissa Hart to step down from Colorado Supreme Court
Justice Melissa Hart will step down from the Colorado Supreme Court effective Jan. 5, the Judicial Department announced unexpectedly on Friday. Hart has been on an unexplained and unusual leave of absence from the court since Oct. 28. She told Colorado Politics in November that the leave was for “family and personal health reasons” but provided no…
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado Supreme Court’s opinion output drops by two-thirds amid justice’s absence
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…