Tag: Richard Gabriel
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Colorado justices skeptical of ‘free house’ loophole in bankruptcy case
Members of the Colorado Supreme Court appeared wary on Tuesday of the idea that bankruptcy can trigger a six-year window for foreclosure, after which banks are no longer able to take possession of a home — even if decades remain on the mortgage itself. Beyond the legal and practical concerns behind the “free house” interpretation of…
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All charter school decisions from state board are final, Colorado Supreme Court rules
The Colorado Supreme Court on Monday rejected a reading of state law that would enable some of the Colorado State Board of Education’s decisions on charter school applications to be challenged in court, finding instead that the law renders all decisions final and unappealable. The justices reversed a ruling from the Court of Appeals, which…
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Tina Peters may not force judge to testify about courtroom recording incident, Colorado Supreme Court rules
The Colorado Supreme Court has swatted down an attempt by Mesa County Clerk and Recorder Tina Peters to force the judge presiding over her criminal case to provide testimony about Peters’ alleged misconduct — specifically, that she video-recorded court proceedings and lied about it. The sprawling controversy in Mesa County originated with the allegations that Peters…
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State Supreme Court explores role of shifting explanations in race-based juror dismissals
Over 30 years ago, the U.S. Supreme Court recognized that purposeful racial discrimination in jury selection is unconstitutional, requiring prosecutors to now cite a “race-neutral reason” if a defendant challenges their decision to remove a juror of color. This week, the Colorado Supreme Court considered a narrow question implicating that protocol: If an appeals court…
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Technical difficulties, constitutional rights at center of Colorado Supreme Court parental case
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Members of the Colorado Supreme Court appeared leery on Tuesday of concluding a father experienced a violation of his constitutional rights when a Jefferson County judge terminated the legal relationship with his child. There was no dispute that the man, identified as R.B., had notice of the hearing and a lawyer who advocated on his…
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‘This is how innocent people are convicted,’ defendant alleges wrongful conviction to Supreme Court
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When police arrested Nora Hilda Rios-Vargas for the burglary of a Weld County trailer home where someone had stolen $15,000 in jewelry and $3,000 in coins, there was only one definitive piece of evidence linking her to the crime scene: shards of a bloody latex glove with her DNA on it. At the same time,…
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When is it a felony or a misdemeanor to spit on a cop?
Colorado’s Supreme Court settled on a definition of what state lawmakers meant when they made it a felony to spit on police officers with an intent to harm, agreeing on Monday to vacate a woman’s convictions because a trial judge’s attempt at defining “harm” was incorrect. Spitting on a first responder could constitute either a…
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‘Puffery’ or illegal? State Supreme Court evaluates statements made by Denver energy corporation
When Jagged Peak Energy Inc. began publicly selling shares of its stock in 2017, it allegedly misrepresented key aspects of its extraction operation to investors and overstated its ability to produce oil and gas. Now, the Colorado Supreme Court will decide whether the 8,000-person Oklahoma Police Pension and Retirement System may sue Denver-based Jagged Peak…
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Fractured Supreme Court finds Adams County defendant did not invoke right to counsel in custody
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save In an unusual decision on Tuesday, the Colorado Supreme Court ruled 5-2 that a criminal defendant did not clearly invoke his constitutional right to an attorney during a police interrogation, even though a majority of the justices actually believed the opposite was true. The appeal…
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Colorado Supreme Court justices knew about memo alleging misconduct 2 years before it became public
Colorado’s Supreme Court justices were generally aware of a memo containing allegations about judicial misconduct nearly two years before it was made public, according to testimony one of the justices gave in an unrelated federal lawsuit deposition. It is the first acknowledgment that the members of the court knew about the memo shortly after it…