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Tag: Colorado Court of Appeals

Polis explained both commutations in writing. One drew a party revolt.
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Rocky Mountain Voice, State, Top Stories

Polis explained both commutations in writing. One drew a party revolt.

By Jen Schumann | Rocky Mountain Voice Democrats organized a censure push over Tina Peters. No comparable campaign emerged over the commutation of Brandin Kreuzer. On the same day Gov. Jared Polis commuted Tina Peters' sentence, he granted clemency to a man convicted of shooting a Douglas County sheriff's deputy during a 2008 crime spree. Peters drew a formal complaint signed by hundreds of Democrats, an impeachment call and a sitting U.S. senator's rebuke. The other commutation drew none of that. No party complaint. No impeachment call. No signature drive. Polis put both of his reasons in writing. Two letters, one day Brandin Kreuzer was charged with attempted first-degree murder of a peace officer and convicted of first-degree assault, along with second-degree kidnappi...
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Appeals Court Sides With Boulder On Homeless Camping Restrictions
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Hoodline, Approved, Local

Appeals Court Sides With Boulder On Homeless Camping Restrictions

By Leah Fraser | Hoodline Boulder can keep ticketing and jailing people for sleeping outside, at least for now. A Colorado Court of Appeals panel on Thursday upheld the city's ban on camping and sleeping on public property, turning aside a constitutional challenge that said the rules amount to cruel and unusual punishment under state law. The three-judge panel ruled that the ordinances target conduct - pitching a tent, sleeping with a blanket or otherwise sheltering outdoors - not the status of being unhoused, leaving the city's tent and blanket bans in place while advocates decide whether to take the fight to a higher court. The opinion, issued May 14, 2026, was written by Judge W. Eric Kuhn, who concluded that, "no matter how sympathetic their plight, these circumstances al...
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Polis commutes Tina Peters sentence before resentencing begins
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Rocky Mountain Voice, State, Top Stories

Polis commutes Tina Peters sentence before resentencing begins

By Jen Schumann | Rocky Mountain Voice Two weeks ago, the judge who first sent Tina Peters to prison called her resentencing “inevitable.” Friday afternoon, Gov. Jared Polis stopped it before it could happen. In an executive order issued May 15, Polis commuted Peters’ sentence to 4 years and 4.5 months and ordered her released on parole effective June 1. The Colorado Parole Board will determine the terms of her release. Peters had served 591 days of the nearly nine-year sentence imposed in October 2024 after a Mesa County jury convicted her on seven election-related counts. The Colorado Court of Appeals vacated that sentence April 2, ruling the trial court improperly considered Peters’ protected speech regarding election fraud claims during sentencing while still upholding ...
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Ninety-six minutes later—Barrett denies Tina Peters’ renewed motion to disqualify him
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Rocky Mountain Voice, State, Top Stories

Ninety-six minutes later—Barrett denies Tina Peters’ renewed motion to disqualify him

By Jen Schumann | Rocky Mountain Voice Defense attorney John Case filed the motion at 3:17 p.m. Monday. Judge Matthew Barrett denied it at 4:53 p.m. Ninety-six minutes later, Tina Peters’ latest effort to remove the judge overseeing her case was over. The motion cited three major court decisions and included a new sworn affidavit from Rev. Robert Babcox, chief chaplain for the Colorado State Patrol in Grand Junction. Barrett’s denial spanned four paragraphs. The filing argued Barrett was not free to dismiss or reframe sworn affidavits supporting disqualification if Colorado law required the court to presume those statements were true. 2026-0511 DENIED_Defendants Motion for Reconsideration of Order Denying Motion to Disqualify Judge Matthew BarrettDownload Judge Ma...
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Tina Peters convictions upheld, sentence thrown out and case sent back to Mesa County court
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Rocky Mountain Voice, State, Top Stories

Tina Peters convictions upheld, sentence thrown out and case sent back to Mesa County court

By Jen Schumann | Rocky Mountain Voice Tina Peters remains convicted—but the case that made her a national figure isn’t over. A Colorado appeals court upheld every conviction against the former Mesa County clerk Thursday, while also throwing out her sentence and ordering resentencing after finding the trial judge improperly weighed her speech about election fraud. The court laid it out over 78 pages—and shut down almost every major argument Peters brought forward. Judges rejected her claim that a presidential pardon could wipe out state convictions. They also rejected her argument that she was acting under federal authority. The convictions stayed. But the sentence didn’t. The ruling leaves Peters’ criminal convictions fully intact while reopening one of the m...
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The question no court has answered: Was Tina Peters jailed for speech?
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Rocky Mountain Voice, State, Top Stories

The question no court has answered: Was Tina Peters jailed for speech?

By Jen Schumann | Rocky Mountain Voice Despite months and months of litigation in both state and federal courts, no appellate court has ruled on whether Tina Peters’ speech was constitutionally protected—or whether it was improperly used to justify keeping her behind bars. Her bond challenge stalled in Colorado’s appellate court, which dismissed it as untimely. She's also turned to federal court, where her habeas petition was rejected under the Younger abstention doctrine. Even after a certificate of appealability was denied at the district court level, her case now proceeds forward in the Tenth Circuit—still without an answer to the First Amendment question at its core. Peters’ case is now moving through two separate court systems.  Peters’ conviction is b...
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Speech or statute? Appeals court weighs bond denial in Tina Peters case
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Rocky Mountain Voice, State, Top Stories

Speech or statute? Appeals court weighs bond denial in Tina Peters case

By Jen Schumann | Rocky Mountain Voice The Colorado Court of Appeals is being asked to decide whether Tina Peters was denied bond because of her speech—or whether the issue is already foreclosed by appellate rules. Was her bond denied because of her speech? The Attorney General’s office argues the court does not need to answer that question. In its view, Peters’ petition is untimely, successive and barred under Colorado’s appellate rules. The dispute now before the court centers on bond pending appeal. The defense says a district judge treated Peters’ public criticism of Mesa County’s voting system as a public danger. The state says the bond statute independently supports denial and that the petition should be dismissed on procedural grounds. 2026-01-30 A...
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Colorado appeals court orders new briefs after state flags statute oversight in Tina Peters case
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Rocky Mountain Voice, State, Top Stories

Colorado appeals court orders new briefs after state flags statute oversight in Tina Peters case

By Jen Schumann | Rocky Mountain Voice The Colorado Court of Appeals has reopened briefing in Tina Peters’ criminal appeal after the state acknowledged it overlooked a key statutory issue while briefing and arguing the case. The appeal’s timeline changed on Jan. 29, when the Court of Appeals ordered a new round of briefing following a late filing from the Attorney General, a “notice of erratum” addressing the felony charge. 2026-01-29 C ORDER OF THE COURT Respond to ErratumDownload The question surfaced during oral argument earlier this month. Judges asked whether the felony conspiracy charge was tied to the correct version of Colorado law. After oral argument concluded, prosecutors revisited the statute. In a filing submitted January 23, the Attor...
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Griswold, county clerks urge Polis to reject clemency for Tina Peters ahead of appellate arguments
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Rocky Mountain Voice, State, Top Stories

Griswold, county clerks urge Polis to reject clemency for Tina Peters ahead of appellate arguments

By Jen Schumann | Rocky Mountain Voice With Peters’ appeal heading into oral arguments, Griswold and the Colorado County Clerks Association put it in writing for Gov. Jared Polis: don’t step in. The Jan. 13 letter carries three signatures: Griswold’s, Jackson County Clerk & Recorder Hayle Johnson’s and Colorado County Clerks Association executive director Matt Crane’s. In it, the group asks Polis not to grant clemency, warning that doing so would have consequences beyond Peters’ case. “In 2021, then-Clerk Tina Peters coordinated the breach of her own election equipment in the nation’s first public elections insider threat,” the letter states, asserting that her conduct placed the security of Mesa County elections and public confidence in democracy at risk. The a...
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State fires back at Peters’ jurisdiction challenge, rejects pardon and supremacy claims
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Rocky Mountain Voice, State, Top Stories

State fires back at Peters’ jurisdiction challenge, rejects pardon and supremacy claims

By Jen Schumann | Rocky Mountain Voice Fifteen months after Tina Peters was taken into custody at sentencing, and as she marks a second New Year behind bars, Colorado’s Attorney General moved to answer her latest court filing, pushing back on a motion that asks the Court of Appeals to decide whether it even has jurisdiction to proceed. Filed Monday afternoon on Jan. 5, the 23-page brief from Senior Assistant Attorneys General Nora Passamaneck and Lisa K. Michaels argues that President Trump's pardon holds no sway over Peters' state convictions—and that the Colorado Court of Appeals should press forward with her appeal without missing a beat. This latest filing comes on the heels of Peters' Dec. 23 motion, which RMV covered in detail. Citing the pardon and Suprem...
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