Tag: Judge Timothy Schutz
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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 justices weigh fairness concerns after defendant prevailed despite ghosting case
Members of the Colorado Supreme Court struggled on Tuesday to balance the need for one defendant to shield itself against a plaintiff’s claim that its employee sexually assaulted her child, and the fact that the employee legally admitted the allegations against him by failing to participate in nearly all of the civil case. A plaintiff…
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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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 judge to Supreme Court: Please endorse a single reasonable doubt definition for Colorado
A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to endorse one definition of “reasonable doubt” for trial judges to use — out of the three versions currently on the table. Colorado’s template jury instructions for criminal trials used to explain reasonable doubt as a doubt, based upon reason and common…
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Appeals judge to Supreme Court: Please endorse a single reasonable doubt definition for Colorado
A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to endorse one definition of “reasonable doubt” for trial judges to use — out of the three versions currently on the table. Colorado’s template jury instructions for criminal trials used to explain reasonable doubt as a doubt, based upon reason and common…
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Supreme Court justice, appeals judge spar over authority to decide issues | APPELLATE UPDATE
‘That’s our role, is to resolve the issue in the way that we think is the best way to resolve it,’ said Judge Elizabeth Harris
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Appeals court finds Denver judge relied on unsupported facts to restrict man’s parenting time
The father’s attorney suggested the trial judge may have confused his case with another
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Appeals court rules dead witness’s prior testimony may be used in criminal case
So long as the defendant had a prior opportunity to meaningfully cross-examine the witness, the out-of-court testimony does not violate the Constitution