Rocky Mountain Voice

Tag: dUE pROCESS

Red flag law expansion questioned as data shows wrongful gun seizures in Colorado
Colorado Accountability Project, Approved, Commentary, State

Red flag law expansion questioned as data shows wrongful gun seizures in Colorado

By Cory Gaines | Commentary, Colorado Accountability Project Expanding red flag laws without fixing current problems I wanted to share David Kopel’s written testimony against the proposed expansion--the second time in two years for those keeping count--of Colorado’s Red Flag Law (aka Extreme Risk Protection Order Law). It’s linked first below.As he has done in the past, Mr. Kopel does a wonderful job of dispassionately laying out arguments against the gun control we’ve seen, often striking at the underpinnings and foundations of the law as well as the arguments made by legislators/others for it.I will leave it to you to read the op ed, but I will share a couple things that made it especially noteworthy to me.Besides the unproven (and probably unprovable) narrative tha...
Colorado appeals court orders new briefs after state flags statute oversight in Tina Peters case
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...
Red Flag Law Expansion Clears First Senate Committee On Party-Line Vote
DENVER7, Approved, State

Red Flag Law Expansion Clears First Senate Committee On Party-Line Vote

By: Colette Bordelon | Denver7 Lawmakers voted along party lines after roughly four hours of passionate testimony from supporters and opponents. DENVER — On Tuesday evening, with a 3-2 vote along party lines, Colorado lawmakers advanced the first bill of the session that wrestles with the debate over gun violence prevention and the right to bear arms. The Senate State, Veterans, & Military Affairs Committee heard roughly four hours of emotional — and at times, furious — testimony regarding Senate Bill 26-004 (SB26-004), which was introduced by State Senator Tom Sullivan, D — District 27. "My son, Alex, and 11 others were murdered in the Aurora theater massacre on July 20, 2012," Sullivan said. Sullivan's goal has been to ensure gun vi...
A closet, a camera and a setup: Tina Peters assaulted in prison then thrown into solitary
Rocky Mountain Voice, Commentary, State, Top Stories

A closet, a camera and a setup: Tina Peters assaulted in prison then thrown into solitary

By A.L. Goodwin | Guest Commentary, Rocky Mountain Voice On the evening of January 18, just after 9:00 p.m., Tina Peters was assaulted inside the La Vista Correctional Facility in Pueblo, Colorado—not in a yard or a common area, but in a narrow janitor’s closet, out of view of surveillance cameras. Peters had been filling a portable swamp cooler, a task other inmates routinely refuse to do, even as the prison overheats in the dead of winter due to a failing HVAC system. To access the water tank, she pulled the unit into the cramped closet, positioning her head and upper body between the door and the cooler—leaving her physically pinned in a space barely wider than the machine itself. As Peters maneuvered the unit, another inmate approached in an agitated state. The wom...
“You don’t get to ride both horses”: Appeals court presses both sides in Tina Peters case
Rocky Mountain Voice, State, Top Stories

“You don’t get to ride both horses”: Appeals court presses both sides in Tina Peters case

By Jen Schumann | Rocky Mountain Voice “Reset the clock.” Defense attorney John Case used a football analogy as the Colorado Court of Appeals sorted out timing for oral arguments in Tina Peters’ appeal. It had nothing to do with the case itself—just how much time each side would have. But the aside drew a brief laugh before judges turned to a record years in the making. Defense attorney Peter Ticktin, who represents Peters and spoke with RMV after the hearing, said the depth of the judges’ questions tracked the briefs closely. “This is a big file,” Ticktin said. “This isn’t something you can read in an afternoon. They clearly did the work. They were chasing down each avenue and each argument that we had in our briefs.” Watch the full oral arguments below ...
Colorado’s systems have failed Tina Peters again and again
Rocky Mountain Voice, Commentary, State, Top Stories

Colorado’s systems have failed Tina Peters again and again

By RMV Editorial Board On December 8, 2025, three events collided in Colorado that no honest observer can dismiss as coincidence. A federal judge dismissed Tina Peters’ habeas corpus petition, admitting she raised “important constitutional questions” about whether a state court punished her for her speech, then refused to consider those questions because of the Younger doctrine. Hours later, Colorado’s Department of Corrections moved Peters into Isolation Detention Observation: twenty-two hours a day in a concrete cell, lights on around the clock, no yard time and a single explanation—“this is for your safety.”  That same afternoon, the United States Department of Justice opened a civil-rights investigation into Colorado’s prisons and youth facilities, citing po...
On the five-year anniversary of 2020, Michigan court moves goalposts on attorneys who exposed Antrim County’s machines
Rocky Mountain Voice, Commentary, National, Top Stories

On the five-year anniversary of 2020, Michigan court moves goalposts on attorneys who exposed Antrim County’s machines

By A.L. Goodwin | Guest Commentary, Rocky Mountain Voice Five years after the 2020 election, Michigan courts are still litigating its aftermath. At the center are two attorneys, Stefanie Lambert and Matt DePerno, who led the Antrim County lawsuit that first exposed errors in the county’s vote tabulation. What began as a civil discovery dispute has now turned into a criminal prosecution—one that critics say rewrites the law after the fact and redefines ordinary litigation as “unauthorized possession” of election equipment. On November 3, 2025—the five-year mark of the 2020 election—the Michigan prosecution of attorneys Matt DePerno and Stephanie Lambert took a troubling turn. The Oakland County Circuit Court order (Case No. 2023-285759-FH) leaves no question where the balance tilts. J...
Colorado’s HB25‑1250 shifts gun conversation into schools—what could go wrong with teachers filing ERPOs?
Colorado Accountability Project, Approved, Commentary, State

Colorado’s HB25‑1250 shifts gun conversation into schools—what could go wrong with teachers filing ERPOs?

By Cory Gaines | Commentary, Colorado Accountability Project HB25-1250’s required materials for schools are now online A bill passed into law in the regular legislative session this year required, quoting the bill’s fiscal note from the first link below “The bill requires the Office of Gun Violence Prevention in the Department of Public Health and Environment (CDPHE) to post or link to certain materials on its website for local education providers, including school districts, boards of cooperative services, district charter schools, institute charter schools, approved facility schools, and the Colorado School for the Deaf and the Blind.”It also requires that, again quoting the fiscal note, “local education providers must distribute these materials to caregivers of elementary and ...
When the prosecutor is also the judge: Colorado’s due process problem under Griswold’s watch
Colorado Accountability Project, Approved, Commentary, State

When the prosecutor is also the judge: Colorado’s due process problem under Griswold’s watch

By Cory Gaines | Commentary, Colorado Accountability Project I wouldn’t blame someone for thinking the fix is in at a Colorado Administrative Law hearing (especially in the SOS’s Office). If you break one of our state regulatory agencies’ copious rules, the process for our state’s administrative hearings bears little resemblance to a real trial. I recently did some looking into the state’s administrative hearings process, and was disappointed in what I found.The idea of this being a hearing in front of an independent, nominally-impartial, and disinterested judge is decidedly NOT what the process looks like.This goes, as you might imagine for an office run by Jena Griswold, double for the Secretary of State’s Office.More in the op ed below.https://completecolorado.com/2025/09/22/p...
Expert weighs in: Prosecution’s weak spot surfaces in Charlie Kirk assassination case
Fox News, Approved, National

Expert weighs in: Prosecution’s weak spot surfaces in Charlie Kirk assassination case

By Michael Ruiz | Fox News Text messages between Tyler Robinson and partner lack timestamps while crime scene return timing disputed PROVO, Utah — One of the biggest vulnerabilities in the case against Charlie Kirk's accused assassin, Tyler Robinson, could be the prosecution's timeline, according to a prominent Utah defense attorney — and she expects the defense to drag discovery in the case on for up to a year before he finally gets a preliminary hearing. Kirk, a 31-year-old father of two, was shot and killed around 12:20 p.m. on Sept. 10 while speaking at a Turning Point USA event at Utah Valley University. He was a founder of the conservative student group, which had a national footprint and is credited for a resurgence of youth support for the Republican Party. "There’s jus...