Tag: constitution
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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Federal judge exempts Christian preschool from state non-discrimination requirements
A federal judge ruled on Monday that the state must continue funding a Christian preschool in Chaffee County even though the academy’s policies may violate the non-discrimination requirements of Colorado’s universal pre-kindergarten program. U.S. District Court Judge Daniel D. Domenico granted what he deemed a “narrow” permanent injunction in favor of Darren Patterson Christian Academy and…
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Appeals court says state campaign finance enforcement framework is constitutional
Colorado’s second-highest court agreed last week that the state’s current method of adjudicating campaign finance complaints is constitutional and is not the “very definition of tyranny.” For several years, state law has allowed any person to file a complaint alleging a campaign finance violation, which the Colorado Secretary of State’s Office then screens, decides whether to dismiss…
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Federal judge says he will not recuse from trans athlete case over courtroom pronoun policy
U.S. District Court Judge S. Kato Crews on Monday denied a request that he recuse himself from a lawsuit about transgender athletes’ participation, rejecting the argument that his courtroom protocols on the use of pronouns meant he had “prejudged” the case. Last week, attorneys challenging a policy of the Colorado Springs-based Mountain West Conference alleged they…
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Colorado Supreme Court tells Weld County to follow state redistricting law
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 that Weld County did not follow the procedures for how…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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10th Circuit revives transgender detainee’s lawsuit against El Paso County sheriff
The federal appeals court based in Denver ruled on Wednesday that a transgender detainee at the El Paso County jail could proceed with her lawsuit against the sheriff and a deputy for alleged violations of her constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that several of…
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Lawyer asks federal judge to recuse himself due to pronoun policy in courtroom
Lawyers challenging a collegiate athletic association’s policy regarding transgender participants have asked a federal judge to recuse himself from handling the case because of his courtroom protocols requiring people to use the appropriate pronouns when referring to others. U.S. District Court Judge S. Kato Crews, an appointee of Joe Biden, has adopted practice standards addressing…
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Appeals court expresses ‘some concerns’ with Mesa County judge’s cookie analogy
Colorado second-highest court expressed “some concerns” last week about a Mesa County judge’s comparison of a defendant’s constitutional right to silence to a hypothetical child who has obviously eaten cookies but refuses to admit it. However, a three-judge Court of Appeals panel agreed the illustration did not undermine the fairness of the trial because then-District…
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Federal judge orders Englewood woman to explain why Trump removal lawsuit should proceed
A federal judge on Tuesday directed a self-represented plaintiff from Englewood to explain why she should be allowed to seek President Donald Trump’s removal from office on the grounds that he engaged in insurrection. Marcia M. Radin filed a one-page document on Feb. 5, labeled a “grievance,” in which she alleged Trump and Vice President…