Tag: Justice William Hood
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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 judge asks Colorado Supreme Court to once again clarify magistrate rules
A member of Colorado’s second-highest court urged the state Supreme Court last week to revise confusing language in the rules governing magistrates, less than two weeks after an attempted cleanup of the rules took effect. Magistrates are judicial employees who are not judges but who handle aspects of cases in the trial courts. Litigants may consent…
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Colorado justices clarify procedure for defendants to access DNA analyst’s criminal file
The Colorado Supreme Court ruled on Monday that trial judges may order Jefferson County prosecutors to disclose information related to the criminal prosecution of a DNA analyst accused of misconduct, but defendants seeking those files cannot rely on the order alone to gain access. Yvonne “Missy” Woods is a former Colorado Bureau of Investigation DNA…
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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 justices ponder ‘gotcha’ for defendant after messy process impacted mental health evidence
Some members of the Colorado Supreme Court were uncomfortable last week with letting a defendant’s murder conviction stand after a series of missteps resulted in a trial judge blocking jurors from hearing an expert’s assessment of the defendant’s mental health. Although the details were complicated, the legal issue was more streamlined: State law requires defendants…
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Colorado justices skeptical that Colorado Springs is immune to crash caused by faulty signal
Members of the Colorado Supreme Court seemed doubtful on Wednesday that the city of Colorado Springs cannot 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. Construction was occurring at the intersection of South Tejon Street and…
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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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Colorado Supreme Court ponders when negative online reviews are insulated from lawsuits
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Members of the Colorado Supreme Court considered last week whether a person’s vindictive motivations in posting a negative online review can nevertheless relate to a matter of public interest, and potentially shield the commentary from a defamation lawsuit. For the first time, the state’s highest…
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Colorado justices consider how much evidence is necessary when suing the government for injuries
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save The Colorado Governmental Immunity Act broadly shields public employees and entities for injuries they cause, with a goal of protecting taxpayer dollars and preventing disruption to government services. However, there are exceptions to the immunity, one of which involves injuries due to the “dangerous condition” of…
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Colorado Supreme Court tells Weld County to follow state redistricting law
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Weld County must comply with the state law governing how boards of county commissioners are to draw their districts, and the county needs to adopt new maps by next year’s election, the Colorado Supreme Court ruled on Monday. Following the 2020 census, it was undisputed…