Michael Karlik

5 days ago | coloradopolitics.com | Michael Karlik

Members of Colorado's second-highest court told lawyers and judges on Thursday what they are looking for when a convicted defendant argues they are entitled to relief for reasons beyond the typical array of trial-related errors. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants also have the opportunity to seek postconviction relief directly in the trial courts.

6 days ago | gazette.com | Michael Karlik

Colorado's second-highest court ruled last week that allegations of a juror's anti-police statements during deliberations in a civil trial cannot trigger an inquiry into whether the juror's bias requires a new trial. Generally, jurors cannot be made to testify about statements made during deliberations when a party challenges the validity of a jury's verdict. There are certain exceptions under the procedural rules, such as outside information improperly infiltrating the discussions.

6 days ago | gazette.com | Michael Karlik

Colorado lawmakers overturned a recent decision of the state Supreme Court in the final days of the legislative session, clarifying that the government cannot re-evaluate a juvenile defendant's competency to proceed without a judge's order. On April 14, the Supreme Court decided People in the Interest of J.D., in which an El Paso County juvenile defendant was deemed not competent to proceed across his multiple cases.

6 days ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court last week overturned a jury's roughly $4 million award to an elderly Denver woman who was subject to a SWAT raid on her home after police believed, incorrectly, a stolen iPhone would be found inside. In ordering a new civil trial, a three-judge Court of Appeals panel imposed a new burden on plaintiffs seeking to prove police conducted an unlawful search under the Colorado Constitution. It is not enough, explained Judge Ted C.

1 week ago | coloradopolitics.com | Michael Karlik

A federal judge ruled on Tuesday that a Kiowa County deputy and the sheriff's office may be sued for a fatal vehicle collision because of alleged violations of state law, although the parties dispute whose actions caused the accident. The Colorado Governmental Immunity Act generally shields government entities and public employees from being sued for their actions, but there is an exception for injuries caused by emergency vehicles.