Tag: Court Of Appeals
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Lifetime sex offender registration not ‘punishment,’ Colorado justices say
The Colorado Supreme Court concluded on Monday that lifetime sex offender registration is not cruel and unusual punishment because it is not “punishment.” At the same time, two members urged lawmakers to heed the advice of the Sex Offender Management Board and adopt a new, more accurate system of measuring a person’s risk of recidivism.…
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Colorado justices skeptical of snowboarder’s bid to revive injury lawsuit after signing new waiver
The Colorado Supreme Court seemed to agree on Thursday that a plaintiff is not entitled to continue his snowboarding injury lawsuit because he purchased another pass in the middle of litigation that released all past legal claims. “It says you’re releasing anything which has happened up to now. It seems pretty plain language what it…
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Colorado Supreme Court considers new requirement for leaving-the-scene convictions
In 2006, the Colorado Supreme Court ruled that leaving the scene of an accident resulting in serious injury is a “strict liability” offense, meaning a person is guilty solely through their conduct, without the need for prosecutors to prove the defendant’s mental state. Now, 20 years later, one defendant is asking the Supreme Court to…
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Colorado counties cannot challenge state law restricting immigration contracts, appeals court says
Colorado’s second-highest court ruled on Thursday that counties lack standing to challenge a 2023 state law that restricts their ability to contract with the federal government or private entities for immigration detention. A three-judge Court of Appeals panel agreed with a trial judge that the Colorado Constitution provides the legislature with broad power to enact…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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Colorado appeals court orders new sentencing for Tina Peters, upholds convictions
Colorado’s second-highest court determined on Thursday that a trial judge improperly sentenced former Mesa County clerk Tina Peters based upon her exercise of protected speech, while at the same time upholding her convictions. The three-judge Court of Appeals panel also concluded that President Donald Trump’s attempted pardon of Peters for state-level convictions last year was…
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Colorado justices side with news organizations for disclosure of high-level child abuse data
The Colorado Supreme Court ruled on Monday that the state must disclose the number of child abuse reports at individual group living facilities in response to an open records request, as the addresses are already in the public domain. The justices agreed that the Court of Appeals erred in resolving the case. But beyond that,…
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Appeals court rejects theory that existing tax revenue undermines need for new fees
Colorado’s second-highest court rejected a plaintiff’s claim last week that the tax revenue generated by an existing activity should prevent local governments from imposing new fees aimed at regulating the activity. The question stemmed from Colorado’s unique constraints on taxation under the 1992 Taxpayer’s Bill of Rights. The constitutional amendment generally requires voter approval of…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…