Michael Karlik

Denver

Judicial Reporter at Colorado Politics

Judicial reporter with @colo_politics / @csgazette | Creator of @tearitdownpod | Former reviewer of city council meetings

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Articles

Divided appeals court says COVID-19 did not cause 'direct physical loss' to senior care facilities

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court ruled on Wednesday that the COVID-19 pandemic and related public health orders did not cause a "direct physical loss" to the property of various assisted living facilities to the point of triggering insurance coverage.
Appeals court orders new trial after jury instruction 'drastically misdescribed' offense

1 week ago | gazette.com | Michael Karlik

Colorado's second-highest court on Wednesday ordered a new trial for a man convicted of failing to register as a sex offender, concluding the jury instruction did not correctly describe what was required to find him guilty. El Paso County jurors convicted Clyde Douglas Phillips in 2023 of failing to register as a sex offender and he received a 2.5-year prison sentence.
Defense lawyer's sarcasm did not amount to ineffective assistance, appeals court says

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court last month rejected a defendant's argument that his trial lawyer had essentially told jurors he was guilty, when it instead appeared the lawyer was speaking sarcastically. El Paso County prosecutors charged David Donis in 2007 with numerous criminal offenses, including kidnapping, burglary and assault. Jurors convicted him and Donis is serving life in prison.
Appeals court upholds firearms prohibition as part of involuntary mental health treatment

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court on Wednesday upheld the process for barring firearm possession for anyone who is committed short-term to mental health treatment. A man identified as R.Z. argued his rights were violated when a Denver judge entered an order affecting his ability to own guns because he met the criteria for short-term mental health commitment.
10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case

1 week ago | gazette.com | Michael Karlik

The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also concluded Joe Oltmann and his attorney, Randy Corporon, "crossed the line" by making at least one frivolous argument divorced from the facts of the case.
Denver judge wrongly found government had proven juvenile's probation violation, says appeals court

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court last month rejected a Denver judge's conclusion that a juvenile defendant had violated the terms of his probation, which resulted in a sentence of 15 days' detention plus additional probation. In a May 1 opinion, a three-judge Court of Appeals panel noted a juvenile identified as M.M-S. pleaded guilty to possessing a handgun and motor vehicle theft. The offenses were a misdemeanor and a felony, respectively. After his plea, M.M-S.
Moffat County School District may withhold portions of 'organizational health' report, appeals court says

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an "organizational health" report commissioned by its school board to investigate areas of concern. The Moffat County Education Association petitioned under the state's open records law for access to undisclosed portions of an investigator's report, prepared alongside the district's legal counsel.
'Weird,' 'confusing,' 'disheartening': Colorado Supreme Court under fire over racial bias proposal

1 week ago | coloradopolitics.com | Michael Karlik

Several members of a Colorado Supreme Court advisory committee aired their frustration last week after the justices announced they had reached consensus on a proposal to combat racial discrimination in jury selection — by substantially watering down the protections built into the original draft.
'Weird,' 'confusing': Colorado Supreme Court under fire over racial bias proposal

1 week ago | gazette.com | Michael Karlik

Several members of a Colorado Supreme Court advisory committee aired their frustration last week after the justices announced they had reached consensus on a proposal to combat racial discrimination in jury selection — by substantially watering down the protections built into the original draft.
Appeals court says custody dispute must terminate if one parent dies

1 week ago | coloradopolitics.com | Michael Karlik

Colorado's second-highest court clarified last month that an unresolved custody dispute must terminate when one parent dies, with the surviving parent automatically receiving custody. A three-judge Court of Appeals panel determined it was a mistake to allow an Adams County custody case between a mother and father to continue after the mother's death, with the child's maternal grandmother being substituted for the mother.

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