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Archive for the 'Colorado Supreme Court' Tag

DA 4-for-4 on appeals of Judge Grohs

April 11th, 2011, 4:48 pm by

In addition to today’s ruling on wiretap evidence, the 4th Judicial District Attorney’s office has prevailed in four appeals of Judge Deborah Grohs decisions within the last six months.

Here, from the Colorado Supreme Court’s website, are summaries the other three appeals:

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Cesar Deanda.

Synopsis:

Petitioner the People of the State of Colorado seeks relief from the district court’s pre-trial order precluding medical experts from offering opinion testimony that the victim’s injuries resulted from child abuse, medical child abuse or non-accidental trauma.

On December 16, 2010, the supreme court issued a rule to show cause why the requested relief should not be granted.  Respondent Cesar Deanda is directed to file a written answer on or before January 5, 2011. Petitioner the People of the State of Colorado has 20 days from receipt of the answer within which to reply.

On March 25, 2011, the Court ordered that the Rule to Show Cause is made Absolute.  The order of the district court is reversed for reconsideration in light of People v. Rector, No. 09SC708 (Colo.March 14, 2011).

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Theresa Yvette Baltazar.

Synopsis:

 The People of the State of Colorado seek relief from the district court’s order allowing counsel for the respondent to issue subpoenas duces tecum on an ex parte basis, without complying with the requirements of Cri. P. 17(c).

 On April 22, 2010, the supreme court issued a rule and order to show cause why the requested relief should not be granted. Respondent Theresa Baltazar is directed to file a written answer by May 21, 2010.  The People have 30 days from receipt of the answer within which to reply.

On November 8, 2010, the court issued an opinion making the rule absolute.  The opinion can be found at:

http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2010/10SA101.pdf

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Todd McKeel.

Synopsis:

The People of the State of Colorado seek relief from the district court’s order granting Todd McKeel’s motion for a bench trial over the People’s objection.

On May 27, 2010, the supreme court issued a rule to show cause why the requested relief should not be granted.  Respondent McKeel is directed to file a written answer by June 28, 2010; the People have 30 days from receipt of the answer within which to reply.

On October 18, 2010, the court issued an opinion making the rule absolute. The opinion can be found at:

http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2010/10SA164.pdf

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Law links

December 11th, 2010, 11:01 am by

Hello court watchers,

Here are some interesting law stories for your weekend reading.

First, my friend Andrew Cohen had this analysis on the U.S. Supreme Court’s decision to hear an appeal in a discrimination lawsuit.

Courthousenews.com is an useful website that collects court stories from around the country. Here’s a story they had recently on a battle between a controversial Arizona sheriff and several judges.

Law Week Colorado, another interesting website run by my friend Don Knox had this interesting story about a legal/political fight between the Colorado Bar Association and the group Clear The Bench, which tried unsuccessfully this year to unseat some Colorado Supreme Court Justices.

The New York Times had this good feature story on a U.S. Justice Department lawyer whose job includes travelling the country to defend federal health care law.

From the St. Petersburg Times, here’s a story on the final outcome to a pardon for the late rock and roll icon Jim Morrison.

The Salt Lake Tribune had this story on the aftermath of this week’s verdict finding a street preacher guilty of kidnapping and raping Elizabeth Smart.

And finally, the Guardian in London had this story on protests over the detention in the British jail of Wikileaks founder Julian Assange.

Happy reading.

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The week ahead

November 14th, 2010, 4:33 pm by

Zeb Pike, court watcher

Hello court watchers,

Here’s a peek at the week ahead in the Fourth Judicial District.

On Monday, there’s a plea and sentencing hearing scheduled for Terri Thomas, a veteran court employee who is charged with identity theft. Here’s my earlier story on the case.  

On Wednesday, a preliminary hearing continues for Miguel Marin and Cynthia Balestier, who are accused of first-degree murder in the fatal shooting of a man outside El Ranchito restaurant. This is a continuation of a hearing that began last week. Here’s an earlier story on the case.

Also on Wednesday, there’s a preliminary hearing scheduled for Emilio Ruiz, who is accused in the fatal stabbing of his roommate. Here’s an earlier story on the case.  

Thursday will be a busy day. First, there’s a disposition hearing scheduled for Todd McKeel, who is accused of kidnapping and assaulting his former girlfriend. I wrote this story after the Supreme Court sent the case back for a jury trial.

Next, there’s a sentencing hearing for Evelyn Solano, a former bank manager accused of taking part in the robbery of her own bank. Here’s a story about her arrest.  

Also on Thursday, there’s a preliminary hearing scheduled for John P. Winkler, who was arrested on suspected parole violations. Winkler allegedly threatened officers after his son jumped out of an unmarked patrol car and was killed in traffic. Here’s our earlier story on the case.

Please bear in mind that court hearings often are postponed and delayed. So what you see here may not happen.

If you know of a court story not listed here that I ought to be covering, let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

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The week ahead

October 24th, 2010, 6:39 pm by

Zeb Pike, court watcher

Hello court watchers,

There’s an exceptionally busy week ahead in the 4th Judicial District, judging by the number of cases on the docket.

The main event is the first-degree murder trial of Willie Allmon, who is accused of sexually assaulting and killing his 8-month-old grandson.

Here’s a link to my story about the trial.  

Also on Monday, a sentencing hearing is scheduled for John Bentley, who was arrested on suspicion of vehicular homicide in a fatal rollover crash in March.  Here’s our most recent story about the case.  

On Tuesday, there’s a motions hearing scheduled for Cesar Deanda, who is being re-tried on 1995 charges of child abuse resulting in death. Here’s my most recent post about the case.

On Wednesday, there’s a hearing scheduled on a lawsuit filed by a group of medical marijuana businesses who are challenging the legality of a Nov. 2 ballot measure on banning dispensaries in unincorporated El Paso County. Here’s the most recent story on the suit by my colleague Debbie Kelley.  

Also on Wednesday, there’s a hearing in the case of Daniel Gudino, the 14-year-old boy accused of killing his younger brother and wounding their mom. Here’s my most recent post on the case.

On Thursday, there’s a preliminary and disposition hearing set for Todd McKeel, who is accused of kidnapping and assaulting a former girlfriend. Last week, the Colorado Supreme Court sent the case back to Judge Deborah Grohs after ruling that she erred in granting McKeel a non-jury trial over the objection of prosecutors. Here’s my story on the ruling.

And finally on Friday, there’s a preliminary hearing scheduled for Monique Lynch and Hanif Sims. Lynch is accused of first-degree murder in the death of Genesis Sims, the 9-year-old girl found buried in a Monument home. Sims is accused of child abuse resulting the death of his daughter plus concealing a body and tampering with evidence. Here’s our most recent story on the case.

Keep in mind that hearings scheduled on the docket are frequently postponed and rescheduled.

If you know of an interesting case not mentioned here, let me know. My e-mail is john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

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Ritter picks Marquez for Colorado Supreme Court

September 8th, 2010, 2:58 pm by

It’s official: Deputy Attorney General Monica M. Marquez is Gov. Bill Ritter’s choice for a vacancy on the Colorado Supreme Court.

Here’s the press release:

GOV. RITTER APPOINTS NEW JUSTICE TO COLORADO SUPREME COURT

Gov. Bill Ritter today appointed Monica Marie Marquez, a 41-year-old deputy attorney general, to the Colorado Supreme Court. The appointment to the seven-member court is effective Nov. 30, when Chief Justice Mary Mullarkey retires after 23 years on the bench.

“Today I am pleased to select Deputy Attorney General Monica Marquez to serve on Colorado’s highest court,” Gov. Ritter said. “Monica is an analytical and independent thinker. She has a wealth of personal and professional experiences, and a deep reverence for the role our legal system plays in the everyday lives of Coloradans, and in the inter-relationship between our courts and public policy. She respects the rule of law, is conscientious and will bring an unbiased and just perspective to the court and all the cases that it hears.

“Naming a new Supreme Court justice is a tremendous responsibility and privilege,” the Governor said. “I had three exemplary choices and a difficult decision to make. While Chief Justice Mullarkey leaves behind an irreplaceable legacy, I am confident Monica Marquez will serve the people of Colorado with distinction, honor and integrity.”  

Marquez leads the State Services Section of the Attorney General’s Office, which represents nine of the 16 executive branch agencies in Colorado. She specializes in appellate litigation and has represented the state, in both state and federal appellate courts, in cases involving fiscal policy, education, healthcare, elections, redistricting and campaign finance.

“I am both humbled and deeply honored to be appointed to the Colorado Supreme Court,” Marquez said. “I look forward to serving the State of Colorado in this new capacity, and I promise to bring an exceptional work ethic, a collaborative spirit, an open mind, and a reverence for the rule of law.”

Prior to joining the Attorney General’s Office in 2002, she was an associate at the law firm Holme Roberts & Owen and a judicial clerk for two federal court judges.

After graduating from Grand Junction High School in 1987, Marquez earned her bachelor’s degree from Stanford University in 1991 and her law degree in 1997 from Yale Law School, where she was an editor of the Yale Law Journal.

Before attending law school, Marquez taught and worked with inner-city youth in Camden, N.J., and Philadelphia with the Jesuit Volunteer Corps and St. Carthage Catholic School.

She currently serves on the boards of the Colorado Hispanic Bar Association and the Colorado GLBT Bar Association.

The current salary for a Supreme Court justice is $139,660 a year. Marquez will serve for a provisional term of two years. If retained by voters, she will then serve a 10-year term.

Here’s a profile my Denver Post colleague Felisa Cardona wrote on Marquez earlier this month.

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The Daily Docket

September 8th, 2010, 9:06 am by

Good morning court watchers,

Gov. Bill Ritter is expected to name his choice to fill a vacancy on the Colorado Supreme Court today.

Fourth Judicial District Judge David S. Prince is one of the finalists, along with Deputy Attorney General Monica M. Marquez and Court of Appeals Judge Robert M. Russel.

One of them will fill a 2-year-provisional term to replace Chief Justice Mary J. Mullarkey who is retiring.

Ritter is scheduled to make his announcement at 2:30 p.m. today.

Stay tuned.

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Labor Day Law Links

September 4th, 2010, 12:42 pm by

Here are some interesting court stories for your perusal on this holiday weekend.

First, my Denver Post colleague Felisa Cardona wrote this profile of Fourth Judicial District Judge David Prince. It’s the first in a series of stories she’s doing on the three finalists for a vacancy on the Colorado Supreme Court.

Next, here’s a disturbing story from KMGH-Channel 7 about a Denver woman who discovered her Facebook pictures had been used by someone for online dating services with names like “Sugar Daddies.” Ick. It may be creepy, but the District Attorney has ruled it doesn’t amount to identity theft.

Here’s an Associated Press story on a lawyer with a unique job. He’s the Burning Man Barrister, serving as legal advisor to the annual counter-culture festival in the Nevada desert.

The New York Times had this long but fascinating story on an effort to create a separate high speed court for the flood of foreclosure cases that has inundated the Florida legal system.

My SPJ colleague Ron Sylvester wrote this interesting story for the Wichita Eagle about a wrongly convicted being released from prison.

Then there’s this tragic story about a man who slit his throat in the courtroom while being sentences. What happened to all that security?

And finally, my favorite court story this week: an interview by Reuters with a man who is becoming the legal scourge of the insanely popular televison show Jersey Shore.

Have a safe and happy Labor Day weekend.

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Judges seeking post on higher court

August 23rd, 2010, 5:17 pm by

Sources tell me that there is at least one and possibly two judges from the 4th Judicial District who have applied for an opening on the Colorado Supreme Court.

A judicial nominating commission is screening 31 people statewide who have applied for the job. The commission began conducting interviews in Denver Monday and will continue to do so Tuesday, according to Rob McCallum, spokesman for the state judicial branch.

The vacancy was created when Chief Justice Mary Mullarkey announced in June that she plans to retire.

McCallum said the commission hopes to forward a short list of nominees to Gov. Bill Ritter by later this week, possibly as early as Wednesday.

Stay tuned.

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Supreme Court: Springs police should have warned child porn suspect

June 21st, 2010, 9:54 am by
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