Tag: Court Of Appeals
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Colorado Supreme Court declines to loosen requirements for insurance company defendants
The Colorado Supreme Court declined last week to reconsider its longstanding expectations for insurance company defendants, and agreed that an insurer failed to properly raise its defenses against a policyholder’s breach-of-contract lawsuit. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy for the…
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Colorado Springs may be sued for faulty intersection, state Supreme Court rules
The Colorado Supreme Court decided last month that Colorado Springs can 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. The question for the Supreme Court was whether the traffic arrangement provided “conflicting” signals to plaintiff Bernard…
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Appeals court reinstates murder case despite ex-DA Linda Stanley’s conduct
Colorado’s second-highest court reinstated the murder and child abuse charges on Thursday against a Fremont County defendant, reasoning that the former district attorney’s misconduct did not warrant dismissal of the charges. A judge previously dismissed the criminal case against defendant William Jacobs after former elected District Attorney Linda Stanley spoke in derogatory terms about Jacobs…
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Colorado Supreme Court to evaluate test for alimony after remarriage
The Colorado Supreme Court announced on Monday that it will evaluate whether divorcing spouses must explicitly agree that alimony payments from one partner to the other will continue after one person remarries, or whether a “clear implication” will suffice. The purpose of alimony, known in Colorado as “spousal maintenance,” is to assist spouses who cannot be financially…
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Jeffco murder conviction overturned due to improper evidence
Colorado’s second-highest court reversed a defendant’s convictions for murder and aggravated robbery earlier this month, finding that a Jefferson County judge allowed evidence that improperly suggested the man had “bad character” for possessing guns generally. Under the rules for criminal cases, evidence cannot be used to prove a defendant has bad character, and they acted…
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Judge’s error allowing juvenile defendant to be prosecuted as adult cannot be reversed, appeals court says
Colorado’s second-highest court concluded last month that a judge’s error in allowing a juvenile defendant to be prosecuted as an adult cannot be corrected on appeal because the defendant later pleaded guilty. The case arose under unusual circumstances, after police connected James Edward Papol in 2018 to the 30-year-old unsolved murder of Mary Lynne Vialpando…
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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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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…