Rocky Mountain Voice

Tag: Courts

10th Circuit affirms qualified immunity for officer involved in Lakewood shooting
Approved, Law Week Colorado, Local

10th Circuit affirms qualified immunity for officer involved in Lakewood shooting

By Law Week Colorado Jason Waterhouse was high on methamphetamine and acting destructively in his sister’s home, according to the opinion. By the time Lakewood Police Department officers arrived, he had barricaded himself in the basement.  Officers tried for more than an hour to get him to come out, but, rather than cooperating, Waterhouse started a fire. Seven officers went down to the basement to try and find the source of the fire and extricate Waterhouse. They saw him shoving a large stick through the wall before slamming the bedroom door shut. It quickly became apparent that the fire and the smoke were more serious than the officers had anticipated, and they were ordered to evacuate.  READ THE FULL STORY AT LAW WEEK COLORADO
Federal judge blocks Colorado from withholding funding from Christian preschools
Approved, Courthouse News Service, State

Federal judge blocks Colorado from withholding funding from Christian preschools

By Amanda Pampuro  | Courthouse News A federal judge on Monday granted summary judgment preventing Colorado from withholding universal preschool funding from a rural Christian preschool based on its religious beliefs relating to gender and sexual orientation that violate the state’s anti-discrimination requirement. "I do not doubt the harm that discrimination may cause to the precocious preschoolers who understand the concept, or that religious parents with gay or transgender children may suffer if plaintiff is permitted to exclude them from its preschool. But the state’s effort to prevent that harm does not permit it to abridge plaintiff’s First Amendment rights,” wrote U.S. District Judge Daniel Domenico in a 15-page opinion. READ THE FULL STORY AT COURTHOUSE NEWS...
Man found guilty of killing Colorado parole officer with vehicle in attempt to flee
Approved, gazette.com, State

Man found guilty of killing Colorado parole officer with vehicle in attempt to flee

By Zachary Dupont | The Gazette A Colorado Springs man was found guilty of multiple charges, including vehicular homicide, at trial on Wednesday for killing a parole officer with his car in 2023.  Justin Kula, 42, was accused of killing Pueblo parole officer Christine Guerin Sandoval with his car after he attempted to flee from her and two other parole officers who were attempting to make contact with Kula on Sept. 28, 2023.  READ THE FULL STORY AT THE COLORADO SPRINGS GAZETTE
Colorado Springs woman embezzled more than $123k from local Little League, court documents allege
Approved, gazette.com, Local

Colorado Springs woman embezzled more than $123k from local Little League, court documents allege

By Mackenzie Bodell | The Gazette A volunteer treasurer for the Academy Little League in Colorado Springs has been accused of stealing more than $123,000 from the organization over a year and a half that paid for personal shopping sprees and legal fees.  Michelle Gorr, 51, was arrested in October after the president of the organization, Jacob Larkee, reported the theft in December 2023, according to an arrest affidavit obtained by The Gazette. The affidavit alleges Gorr admitted to using the league's bank account for personal reasons in an email to Larkee in December 2023. She claimed she was involved in a "contentious divorce" and needed the money to offset legal fees.  READ THE FULL STORY AT THE GAZETTE
10th Circuit sends bill for cleaning up old Colorado mine back to court
Approved, Courthouse News Service, State

10th Circuit sends bill for cleaning up old Colorado mine back to court

By Amanda Pampuro | Courthouse News Finding an oil company’s suit timely if categorized as a contribution action, the 10th Circuit on Wednesday revived a claim asking for a century-old mine’s previous owner to pitch in on a $63.7 million environmental cleanup bill. "Actions for contribution and cost recovery entail separate statutes of limitations,” wrote U.S. Circuit Judge Robert Bacharach in a 15-page opinion. “Choosing between the two options, the district court applied the statute of limitations for cost-recovery actions. We disagree, concluding that the limitations period for contribution actions should apply.” Atlantic Richfield Company initially sued NL Industries in 2020, seeking to recoup cleanup costs for silver mines in southwest Colorado under the Comprehensi...
Striking Colorado grocery workers can’t block store entrances but may continue speech, judge rules
Approved, Courthouse News Service, Local

Striking Colorado grocery workers can’t block store entrances but may continue speech, judge rules

By Amanda Pampuro  | Courthouse News A Denver judge on Friday declined Colorado grocery chain King Sooper’s request for a restraining order limiting the number of picketers and their speech outside grocery stores, but granted a plea to prohibit striking union members from blocking entrances to stores or setting up tents. "The balance of equities favors the granting of a limited injunction given the allegations regarding access to ingress and egress,” wrote Second Judicial District Judge Sarah Wallace in an 11-page order. “By narrowly tailoring the temporary restraining order, defendants will still be permitted a broad ability to picket consistent with their First Amendment rights, with only minimum restrictions to protect public and employee safety,” Wallace, an appointee of ...
In 10th Circuit, case asks can writing a bad check 17 years ago prevent gun ownership today?
Approved, Courthouse News Service, National

In 10th Circuit, case asks can writing a bad check 17 years ago prevent gun ownership today?

By Amanda Pampuro | Courthouse News The 10th Circuit on Tuesday reaffirmed its decision to deny a firearm to a Utah woman with a decade-old check fraud conviction on her record.   Melynda Vincent wrote a fraudulent check for $498.12 at a grocery store in 2008 when she was homeless and fighting drug addiction. She faced up to 30 years in prison and a $1 million fine but pleaded guilty and was sentenced to probation without imprisonment. Today she is a social worker in private practice who also runs the Utah Harm Reduction Coalition. READ THE FULL STORY AT COURTHOUSE NEWS
Colorado landlord blocked from discriminating against allegedly illegal tenants: ‘The Does’
Approved, Courthouse News Service, Local

Colorado landlord blocked from discriminating against allegedly illegal tenants: ‘The Does’

By Amanda Pampuro  | Courthouse News A Colorado judge on Tuesday granted a Venezuelan couple’s request for an injunction barring their landlord from discriminating against them due to their immigration status after their landlord agreed to the stipulations. “Since the Doe family moved in, the defendants have treated them as second-class tenants due to their perceived citizenship and immigration status and that is intolerable under Colorado law,” said the couple’s attorney, Anna Kurtz with the American Civil Liberties Union of Colorado. The couple, who sued their landlord anonymously in the District Court for Arapahoe County on Jan. 28, claimed landlord Avi Schwalb and property manager Nancy Dominguez used their tenants' immigration status to intimidate them. READ THE ...
Senate Republicans unveil constitutional amendment locking SCOTUS at nine justices
Approved, Courthouse News Service, National

Senate Republicans unveil constitutional amendment locking SCOTUS at nine justices

By Benjamin S. Weiss  | Courthouse News Senate Republicans on Friday offered a retort to months of Democrat scrutiny on the Supreme Court, introducing a constitutional amendment that would block lawmakers from adding more justices to the high court’s bench. The proposed amendment is the GOP majority’s first major legislative foray into the yearslong debate over the Supreme Court — and one that proponents say is a check on efforts to “pack” the bench with liberal-minded justices. “Democrats’ radical court-packing scheme would erase the legitimacy of the Supreme Court and destroy historic precedent,” said Iowa Senator Chuck Grassley, who joined Texas Senator Ted Cruz in unveiling the measure. READ THE FULL STORY AT COURTHOUSE NEWS
Tina Peters’ filing argues her actions were protected by the Supremacy Clause
Approved, Local, Rocky Mountain Voice

Tina Peters’ filing argues her actions were protected by the Supremacy Clause

"She [Peters] is pale, has lost weight, and has difficulties with memory and word-finding," filing reads By Jen Schumann | Contributing Writer, Rocky Mountain Voice Mesa County Clerk Tina Peters has taken her fight to the U.S. District Court in Colorado, claiming her prosecution violated the U.S. Constitution. On Feb. 7, Peters filed a habeas corpus petition to challenge her incarceration, claiming she was simply doing her duty to preserve election data, as required by federal rules. The petition, filed under 28 U.S.C. § 2254, contests Peters’ denial of bond pending appeal and claims multiple constitutional violations in her trial.  It asserts that her prosecution is invalid because 52 U.S.C. § 20701 requires election officials to preserve election records for 22 months...