Recent changes
Peo v. Clark - Criminal Appeal Affirmed
Colorado Court of Appeals affirmed the district court's order reinstating a life without parole sentence for first-degree kidnapping following an extended proportionality review. Defendant Patrick Allen Clark challenged the sentence under Eighth Amendment and Colorado constitutional proportionality standards. The appellate court upheld the sentence as constitutionally proportionate.
Marshall v. BOCC - Open Meetings Law Violation
Colorado Court of Appeals reversed Douglas County District Court order denying plaintiffs' motion for preliminary injunction in Open Meetings Law case. Court found plaintiffs demonstrated likely COML violations by the Board of County Commissioners holding eleven closed meetings between December 2024 and April 2025 to discuss public business related to home rule charter formation. Case remanded for further proceedings.
Peo v. McGee - Criminal Appeal
The Colorado Court of Appeals issued a decision in People v. McGee, partially affirming and partially vacating the defendant's conviction for possession with intent to distribute a controlled substance and related charges. The case originated from a traffic stop on I-70 where law enforcement observed suspicious driving behavior and subsequently discovered evidence of drug distribution.
McClaflin v Land Title, Denver civil case, judgment affirmed
McClaflin v Land Title, Denver civil case, judgment affirmed
Brian Howard v. State of Tennessee - Post-Conviction Relief Denied
The Tennessee Court of Criminal Appeals affirmed the denial of post-conviction relief to Brian Howard, who claimed ineffective assistance of trial counsel. The court rejected Howard's arguments that counsel erred by failing to sever his trial from his co-defendant's or introduce the co-defendant's pretrial statement, and by failing to waive lesser included offense instructions. The court also declined to recognize a new constitutional right to affirmatively waive lesser included charges.
Heath Bell v. State of Tennessee - Post-Conviction Appeal Denied
The Tennessee Court of Criminal Appeals affirmed the denial of post-conviction relief for Heath Bell, who sought relief from his first-degree murder conviction resulting in life imprisonment. The court rejected claims of ineffective assistance of counsel and due process violations regarding admissibility of witness statements under Tennessee Rule 803(26). The judgment of the Criminal Court for Shelby County is affirmed.
In re Melson - False Testimony Habeas Corpus
The California Court of Appeal, Second Appellate District, Division One granted Alonzo Devon Melson's habeas corpus petition and vacated his first-degree murder conviction (Case No. B336211, Los Angeles County Superior Court No. TA143199). The court found both Napue error (prosecutorial failure to correct false eyewitness testimony) and ineffective assistance of counsel under the Sixth Amendment.
Albarghouti v. LA Gateway Partners - California False Claims Act Qui Tam
The California Court of Appeal, Second District Division Three reversed the trial court's dismissal of a qui tam complaint under the California False Claims Act. The appellate court held that the CFCA creates a 60-day default sealing period after which the seal lifts automatically absent the government's request for extension. The court also held that failure to comply with sealing and service requirements does not provide grounds to sustain a demurer.
Merchant of Tennis v. Superior Court - Wage and Hour Class Action
The California Court of Appeal, Fourth District, Division Two modified its January 14, 2026 opinion in The Merchant of Tennis wage and hour class action case to add a sentence stating each side shall bear their own costs on appeal. The modification does not change the judgment. This procedural amendment was filed on April 2, 2026.
Hawaii Supreme Court accepts guardianship certiorari, consolidated case
The Hawaii Supreme Court accepted the certiorari application filed by Petitioners/Guardians-Appellees JK and GK in consolidated guardianship cases (SCWC-23-0000356). The court limited its review to questions I, II, and III from the certiorari application and ordered that no oral argument will be heard unless a party moves for retention within ten days.
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