RP Associate John McHugh Comments in Denver Post Article Titled “Colorado Gay Couples Excited by Marriage Ruling”

 

June 25, 2014

Denver, Colorado

Nine same-sex couples challenging Colorado’s gay marriage ban are thrilled by a federal appeals court’s ruling that a similar ban in Utah is unconstitutional.

An attorney for the couples, John McHugh, says they are excited by the decision, even though it will not impact their lawsuit seeking to be recognized as married couples in Colorado. They have argued that the state’s voter-approved gay marriage ban violates their constitutional rights.

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RP Associate John McHugh Quoted in Denver Post Article Titled “Colorado Defends Same-Sex Marriage Ban in Court”

 

June 16, 2014

Denver, Colorado

The Colorado attorney general’s office defended the state’s ban on gay marriage on Monday, arguing that 15 state and federal judges who have struck down similar measures in other states were wrong.

But the judge hearing the case mocked the state’s argument that Colorado’s ban on same-sex marriage protects the “nature of marriage” and the ability to produce children.

Adams County District Court Judge C. Scott Crabtree also was skeptical of the state’s claim that previous judges had erred in their rulings.

“They all got it wrong?” Crabtree asked. “What am I supposed to do then when presented with this? Just punt?”

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RP Partner Iris Eytan Participates in CPR News Broadcast Titled “Loud and Clear: Two Sides to the Story on Campus Sexual Assaults”

 

May 15, 2014

Centennial, Colorado

In response to several conversations on Colorado Matters this week about sexual assaults on college campuses, a listener wrote in to emphasize that students accused of sexual violence by their fellow students can also be victims.

The White House is pressuring schools to better prevent and respond to sexual assaults, and on Tuesday, former prosecutor Anne Munch told Colorado Matters host Ryan Warner that she consults with universities to do that. Munch said some investigators on campus can have biases that make them skeptical of victims’ stories.

“We often see folks blame victims if they did certains things, wore certain clothes, if they were drinking. They have a tendency to focus on the victim’s behavior and not the offender’s behavior. And that’s just a cultural, societal bent,” Munch said.

Listener Iris Eytan, a defense attorney in Denver, says that’s not always the case. Eytan says she represents several young men accused of sexual assault. “The people that are doing these investigations, they believe that when a woman says she was sexually assaulted, that that’s all they need, is a statement from the young woman,” Eytan says.

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RP Partner Iris Eytan Quoted in Aspen Public Radio Article Titled “First Major Pfister Hearing in June”

 

April 23, 2014

Aspen, Colorado

In about six weeks, the Aspen community will hear details on what allegedly happened when Nancy Pfister died. A judge has scheduled the first major court hearings for three people charged with committing murder against Pfister. That was decided in court yesterday– and some aspects of the case actually parallel the high profile Aurora shooting case on the Front Range.

The District Attorney’s office and media organizations have been pushing Judge Gail Nichols to unseal certain court documents in the case. Nichols says after reviewing the law, she had to release a small slice of that information. Yesterday she made the arrest warrants public, as well as the formal charges against the three defendants:

“That on or between February 24th, 2014 and February 26th, 2014, in the County of Pitkin, State of Colorado, KATHERINE MARIE CARPENTER (sic) … WILLIAM F STYLER III… NANCY CHRISTINE STYLER… with the intent to promote or facilitate the commission of the crime of murder in the first degree, unlawfully and feloniously agreed with…”

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RP Partner Iris Eytan Interviewed in Denver Post Article Titled, “Colorado Sees Sharp Rise in Competency Exam for Criminal Defendants”

 

April 20, 2014

Denver, Colorado

Every year judges order hundreds of Colorado defendants to undergo exams to determine whether they are mentally competent to stand trial.

The use of such evaluations is soaring, stalling even routine cases for months, straining judicial budgets and highlighting the continued use of jails and prisons as substitutes for mental health treatment.

The number of mental-competency evaluations of criminal defendants has more than doubled in the past decade, even though criminal charges being filed have dropped by 19 percent.

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Reilly Pozner LLP serves clients nationwide and is engaged in complex commercial and intellectual property litigation, class actions, civil and criminal litigation, mass torts, personal injury and appellate law.


RP Partner Iris Eytan Quoted in Aspen Public Radio Article Titled “Pfister Murder Charges: No Date Yet for Preliminary, Bond Hearings”

 

April 2, 2014

Aspen, Colorado

It’s still not clear when to expect the first significant court hearings in the alleged murder of Aspen native Nancy Pfister. Attorneys, the prosecution, and a district Judge met yesterday, Wednesday April 2nd, to put those hearings on the calendar… but now that’s been pushed back to Wednesday, April 23rd.

“The defense attorneys requested more time to review the voluminous discovery they have received.”

Sherry Caloia is District Attorney, and her office is prosecuting three people charged with the murder of Aspen native Nancy Pfister. The first is Kathy Carpenter, a long time Aspen resident and bank teller. Also charged are William and Nancy Styler, previously of the Front Range. Caloia described what kinds of evidence the defense is now sorting through.

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Reilly Pozner LLP serves clients nationwide and is engaged in complex commercial and intellectual property litigation, class actions, civil and criminal litigation, mass torts, personal injury and appellate law.


RP Partner Sean Connelly Referenced in Denver Post Article Titled Litigious Wyoming Inmate Complicates Tribe’s Giant Land Claim

 

March 1, 2014

Denver, Colorado

For some inmates, filing lawsuits is as much a part of prison life as lockdowns and bunk beds. Their handwritten motions and missives are often laughed off and dismissed as the legal ramblings of idle people.

But when it comes to Andrew Yellowbear, no one is laughing.

During the 10 years he has spent behind bars in Wyoming, Yellowbear has fought and won complicated court battles to obtain eagle feathers and access to a prison sweat lodge.

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The Ruling in RP Partner Iris Eytan’s Victim’s Rights Case Covered by The Atlantic in Article Titled “How a Colorado Judge Just Blocked the Victim’s Rights Movement”

 

February 27, 2014

Washington, DC

Late Wednesday, a trial judge in Colorado, a former prosecutor, issued a ruling that precludes the parents of a murder victim from telling jurors of their profound opposition to the imposition of a death sentence against the man who killed their son. The “appropriate audience” for the parents’ complaints about the prosecution’s use of “their son’s name in the pursuit of the death penalty,” the judge wrote in a footnote, is the prosecutor, who, of course, already has decided that the defendant should be put to death if found guilty.

Here is a link to the ruling by a district court judge that blocks Bob and Lola Autobee from providing jurors with the “victim impact” testimony they wish to provide on behalf of Edward Montour, the man who killed their son, Eric, who was a corrections officer. “The Court is unaware of any binding statutes or case law that would allow” the trial testimony that the Autobees seek, the judge ruled, although he will permit the family to testify as “mitigation witnesses.” Specifically, the judge ruled that: “The Autobees may testify about the emotional impact of a death sentence or a life sentence… However, the Autobees will not be allowed to testify about what sentence the jury should impose.”

 

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RP Case Featured in Denver Post Article Titled “Nine Couples Seek to Overturn Colorado’s Gay Marriage Ban”

 

February 19, 2014

Denver, Colorado

Nine same-sex couples have filed a lawsuit in Denver District Court seeking to overturn Colorado’s constitutional ban on gay marriage.

The lawsuit is the latest of several filed in states across the nation challenging gay marriage bans, including Utah’s and Oklahoma’s that are currently before the U.S. 10th Circuit Court of Appeals in Denver. The issue is likely to culminate in a Supreme Court review.

The lawsuit, filed Wednesday, names Gov. John Hickenlooper and Denver City Clerk Debra Johnson as defendants.

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Reilly Pozner LLP serves clients nationwide and is engaged in complex commercial and intellectual property litigation, class actions, civil and criminal litigation, mass torts, personal injury and appellate law.


RP Referenced in Chicago Phoenix Article Titled “Nine Couples Challenge Colorado Gay Marriage Ban”

 

February 20, 2014

Chicago, Illinois

A constitutional ban on same-sex marriage in Colorado is being challenged by nine same-sex couples who filed a lawsuit in Denver District Court on Wednesday.

“This denial of equal protection, due process and basic fairness violates the Constitution of the United States of America,” reads the lawsuit.

The suit was filed by the law firms of Reilly Pozner, Law of the Rockies and Gutterman Griffiths. Denver City Clerk Debra Johnson (D) and Gov. John Hickenlooper, Jr. (D) were named as defendants.

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Reilly Pozner LLP serves clients nationwide and is engaged in complex commercial and intellectual property litigation, class actions, civil and criminal litigation, mass torts, personal injury and appellate law.