Tag: Justice Monica Marquez
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Colorado justices skeptical of challenge to water enterprises’ eminent domain power
Members of the Colorado Supreme Court appeared receptive on Wednesday to the notion that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “water activity enterprises” to provide a secure…
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Colorado justices concerned about retrying defendant after jury signaled acquittal
Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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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 to examine whether corporations can be liable for ‘felonious killing’
The Colorado Supreme Court recently announced that it will determine whether corporations can be liable for a “felonious killing,” meaning there is no limit to the damages they might pay for pain and suffering after causing a wrongful death. At least three of the court’s seven members must agree to take a case on appeal.…
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Colorado justices address conflict between anti-SLAPP law, state constitution
Colorado lawmakers in 2019 created a mechanism to quickly dispose of lawsuits over conduct that implicates a person’s First Amendment rights, specifically the rights to free speech and to petition the government. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided that when a judge rules on a motion…
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Colorado justices weigh disclosure requirements for ballot initiative spending
Members of the Colorado Supreme Court considered on Tuesday whether an organization that spent $4 million to advocate for ballot initiatives in the 2020 election was required to disclose its donors and spending. The organization, Unite for Colorado, advanced a straightforward argument: It spent 10% or less of its money on a single ballot measure.…
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Justice Melissa Hart missing for third week as judiciary defends Colorado Supreme Court’s functioning
Justice Melissa Hart missed a third straight week of case considerations as of Monday, with the Colorado Supreme Court indicating she again did not participate in the court’s weekly decision-making about whether to accept or reject pending appeals. The Colorado Judicial Department told Colorado Politics last week that Hart has been on a leave of…
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Ted Tow appointed as next Court of Appeals chief judge
Judge Ted C. Tow III will be the next chief judge of Colorado’s second-highest court, the judicial branch announced on Thursday. Tow will succeed Chief Judge Gilbert M. Román on the Court of Appeals, who is completing a four-year term. A spokesperson said the fixed term will also apply to Tow. “Chief Judge Román’s leadership…
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Colorado justices ponder whether rental car companies are also ‘insurers’
The Colorado Supreme Court considered last week whether car rental companies that offer insurance policies can also be deemed “insurers” who may be sued for their failure to pay out benefits on claims. Hertz Corp. argued it was not an insurance company based on a sequence of events in the 1990s. The Supreme Court ruled…