Rocky Mountain Voice

Tag: Court of Appeals

Weiser’s record: A system falling behind
Rocky Mountain Voice, State, Top Stories

Weiser’s record: A system falling behind

By Shaina Cole | Contributing Writer, Rocky Mountain Voice Every time a convicted felon in Colorado decides to fight their case on appeal, the state has to answer. Homicide. Sexual assault. White collar crime. Death row. It doesn't matter — the Attorney General's Criminal Appeals Section picks up every one. Thirty-four attorneys. Every felony appeal in the state. And for three straight years, they haven't been able to keep up. The cost of that starts before a single case is decided. The state tracks response briefs through mandatory SMART Act performance filings. One metric counts how many are overdue — cases where the office has not filed within the deadline set by the Colorado Appellate Rules.  The Attorney General's office sets its own annual target for how ma...
Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”
Rocky Mountain Voice, State, Top Stories

Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”

By Jen Schumann | Rocky Mountain Voice Tina Peters will not be released from custody. Judge Matthew Barrett denied her renewed motion for bond pending appeal Tuesday morning—two days after refusing to step aside from her case. The nine-page order keeps Peters in prison while her legal team prepares to take the bond question to the Colorado Court of Appeals, the same panel that threw out her sentence earlier this month. Barrett did not hold a hearing. He found he could not conclude Peters is unlikely to flee, called her future appeals "frivolous" and said they would be pursued "for the purpose of delay." "Finality is critical to the resolution of the judicial process," Barrett wrote, "and it would be contrary to the law to ignore the reality that Defendant would use all mean...
Judge Barrett refuses to step aside in Peters case, defends sentencing math
Rocky Mountain Voice, State, Top Stories

Judge Barrett refuses to step aside in Peters case, defends sentencing math

By Jen Schumann | Rocky Mountain Voice Judge Matthew Barrett denied Tina Peters' motion to disqualify him on Monday afternoon. In a 16-page order, he accepted every factual claim in the defense affidavits as true, then concluded none of them meet the legal standard for recusal. In a footnote on page 15, he answered the math the defense had used to challenge his letter to the governor. Barrett's order, filed at 3:37 p.m., clears the procedural condition he had cited as the reason he could not rule on Peters' renewed motion for bond pending appeal.  The bond question now sits on his desk under the 48-hour window Colorado Appellate Rule 9(b) sets for ruling on bond pending appeal. The defense's reply on that motion, filed late Sunday night, set up the dispute that follows—a fa...
Peters’ defense says Barrett used facts that were never in evidence
Rocky Mountain Voice, State, Top Stories

Peters’ defense says Barrett used facts that were never in evidence

By Jen Schumann | Rocky Mountain Voice The state said Judge Matthew Barrett's sentencing remarks about Tina Peters were harsh words from the bench, not evidence of bias. Peters' legal team answered with a different question: how did the judge know she appeared on podcasts? Where did he get the words "snake oil" and "junk"? The state's response did not touch that argument. The judge being asked to step aside will decide it. Three filings hit the Mesa County docket between late Thursday and Friday morning. District Attorney Dan Rubinstein's office opposed Peters' motion to disqualify Barrett. Her attorneys replied by introducing a theory the state never touched—that Barrett's sentencing comments relied on an "extrajudicial source," meaning information the judge obtained from out...
Before Peters is resentenced, Barrett must decide whether he keeps the case
Rocky Mountain Voice, State, Top Stories

Before Peters is resentenced, Barrett must decide whether he keeps the case

By Jen Schumann | Rocky Mountain Voice A Mesa County judge has ordered the state’s attorneys to respond to a motion seeking his removal from the Tina Peters case, setting up a legal fight that will determine who presides over her resentencing—and who decides whether she remains in prison while that process unfolds. In an April 22 order, District Court Judge Matthew Barrett directed the state to file a response “as soon as practicable,” with a deadline of April 27. The order does not resolve the issue. It moves it forward. Now the court must decide whether Barrett can remain on the case—and nothing else in district court moves until that question is answered. 2026-0422 ACTION TAKEN_VERIFIED MOTION TO DISQUALIFY JUDGE MATTHEW BARRETT - People Respond by 4-27Download ...
Appeals Court Finds Denver Judge Improperly Terminated Father’s Custody Rights
State, Approved, The Denver Gazette

Appeals Court Finds Denver Judge Improperly Terminated Father’s Custody Rights

By Michael Karlik | The Denver Gazette Colorado’s second-highest court on Thursday determined the evidence did not support a Denver judge’s ruling terminating the legal relationship between a father and his child. A three-judge Court of Appeals panel identified numerous instances where the facts contradicted the trial judge’s findings that the father lacked stable housing and was unable to be “a full-time parent.” “The uncontested evidence showed that father could provide appropriate care for the child during all of the parenting time allotted to him. The juvenile court, though, appeared to expect father to prove his ability to care for the child full-time, rather than requiring the (government) to prove that, notwithstanding his success at family time, father was unable or unwill...
Court of Appeals to hear oral arguments in high-profile deportation suit involving Venezuelan nationals
Approved, Fox News, National

Court of Appeals to hear oral arguments in high-profile deportation suit involving Venezuelan nationals

By Haley Chi-Sing | Fox News The Court of Appeals for the D.C. Circuit will hear oral arguments Monday on whether a lower court can properly address the Trump administration's efforts to deport Venezuelan nationals via a 1798 wartime law.  The administration asked for a stay pending appeal shortly after an initial March 15 order was issued, calling it a "massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people." The Trump administration had attempted to invoke a 1798 wartime authority to deport Venezuelan nationals, including alleged members of the gang Tren de Aragua (TdA), for a period of 14 days.  READ THE FULL STORY AT FOX NEWS

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