By Michael Karlik | Colorado Politics
A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal.
Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a nine-year sentence of incarceration. While the state’s Court of Appeals reviews her conviction, Peters has filed a federal petition for “habeas corpus,” a legal tool used to challenge one’s confinement. Specifically, Peters is seeking to be released on bond while her appeal moves forward in state court.
In a May 5 order, Chief U.S. Magistrate Judge Scott T. Varholak identified a problem with the petition. Peters alleged the state courts improperly denied her motion for bond, citing a violation of her First Amendment speech rights, her right to due process and her alleged immunity from carrying out duties required by federal elections law.
Federal courts cannot grant habeas petitions, wrote Varholak, unless the petitioner has “fairly presented” her issues to the state courts. While Peters did raise her First Amendment claim to the Court of Appeals when seeking bond, Varholak believed she did not present her other arguments for consideration.
“Thus, the Application contains both unexhausted and exhausted claims, which renders it a ‘mixed petition,'” wrote Varholak. And “this Court may not adjudicate an application containing both exhausted and unexhausted claims.”
He presented several options to Peters, such as proceeding in federal court only on her claim of a free speech violation or dropping her petition and refiling it after one year.
Varholak gave Peters 30 days to respond to his order.