Tag: Judge Matthew Grove
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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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Appeals court rules civil trial over Kendrick Castillo’s death not required if STEM School pays max damages
Colorado’s second-highest court determined on Thursday that a civil trial over the 2019 shooting death of Kendrick Castillo is not required after the defendant agreed to pay the maximum damages available to Castillo’s parents, without admitting liability. John and Maria Castillo, the parents of Kendrick, sued STEM School Highlands Ranch in 2021, two years after…
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Appeals court says claims cannot be based on increased risk of future health problems
Colorado’s second-highest court concluded last week that state law does not recognize a plaintiff’s claim that a defendant’s actions increased their risk of illness in the future. A three-judge Court of Appeals panel acknowledged that courts in some states have sided with plaintiffs’ arguments that the need to spend money on medically monitoring their exposure…
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Appeals court orders new trial after Denver judge wrongly let defendant represent self
A Denver judge incorrectly found that a defendant understood what he was doing by giving up his constitutional right to counsel, Colorado’s second-highest court concluded on Thursday in overturning the man’s assault convictions. Criminal defendants are allowed to represent themselves at trial by waiving their right to counsel. However, such a waiver must be “voluntary,…
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Colorado Supreme Court questions 2020 change to child neglect laws
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save The Colorado Supreme Court pondered on Tuesday what the legislature meant to happen when it changed the state’s child neglect laws in 2020 to require more than a positive drug test at birth to deem a child neglected. The debate centered on the wording lawmakers chose to…
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Prosecutorial misconduct, error-prone judge’s decision prompt appeals court to overturn homicide conviction
The prosecution ‘did not engage in misconduct at any point of the trial,’ wrote the attorney general’s office, prior to the Court of Appeals finding that prosecutorial misconduct occurred
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In rare do-over, appeals court changes reasons for ordering new Denver assault trial
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In an unusual move, Colorado’s second-highest court last month withdrew its opinion ordering a new trial for a man convicted of assault, then issued a new decision with heavily modified reasoning. Originally, a three-judge panel for the Court of Appeals overturned Amos Rogers’ criminal convictions and 64-year sentence in October. It reasoned a Denver trial judge improperly…
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Appeals court finds no discrimination in prosecutor’s removal of Asian juror from murder trial
The Court of Appeals also rejected the defendant’s other claims based on prosecutorial misconduct and a juror who brought a comic strip for the judge
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Walmart not liable for detaining customer who refused to show receipts, appeals court agrees
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A man who repeatedly attempted to walk out of Walmart stores without showing his receipts, then sued the company when employees detained him on suspicion of shoplifting, cannot hold Walmart liable for false imprisonment, Colorado’s second-highest court ruled on Thursday. William Montgomery has filed a deluge of lawsuits in state and federal court alleging the…