Michael Karlik

By 5-2, the Colorado Supreme Court determined a Longmont detective didn’t act coercively by suggesting a suspect might get out of prison in time for his unborn son’s prom if he talked about his alleged crimes:
www.coloradopolitics.com/2026/03/09/c...

Fort Collins police immediately arrested a guy in a park who resembled the suspect they were looking for, around the time they were looking for him. The Colorado Supreme Court said that wasn’t enough to establish probable cause:
www.coloradopolitics.com/2026/03/09/c...

The Colorado Supreme Court blocked a conservative effort to require voter approval for fees, and also to redefine “fees” in the state constitution. The ballot initiative impermissibly contained two subjects, the court said:
www.coloradopolitics.com/2026/03/09/c...

This puts me at 10 people released. I filed my 1st habeas petition 29 days ago. I am an incredibly small-time, nobody lawyer who knew nothing about immigration law the day I submitted that case. I barely know any more today. I had never sued the federal government and now I've beaten them 10 times.

On the one-year anniversary of his detention by federal authorities, New York City Mayor Zohran Mamdani and First Lady Rama Duwaji welcomed Mahmoud Khalil, his wife Noor, and their baby boy, Deen, to Gracie Mansion to break the fast together.

Justice Blanco also had the Supreme Court uphold her suppression order in a criminal case (from her time as a trial judge). Once again, Justice Boatright is the author of the opinion siding with the defendant. A good first day for Susan Blanco.

JUSTICE BOATRIGHT, joined by JUSTICE BLANCO, concurring in part and dissenting in part. ¶60 The police told Angelo Joseph Torres that he would not get out of prison until his unborn son’s prom, and they would not tell him why unless he agreed to speak with them. But all was not lost. The police also promised that if he cooperated with them, they would put in a good word with the district attorney, and that the judge’s impression of his truthful character would help him at sentencing. Only at that point did Torres make inculpatory statements. The majority does not find that conduct sufficiently coercive to render Torres’s statements involuntary. Maj. op. ¶ 58. ¶61 I disagree with that conclusion. I agree that Torres did not clearly invoke his right to remain silent and did voluntarily waive his Miranda rights. It is my opinion, however, that following his Miranda waiver, the subsequent threats and promises together overbore his will to resist speaking with the police, rendering his subsequent inculpatory statements involuntary. Hence, I respectfully concur in part and dissent from the judgment.

In her first opinions as a Colorado Supreme Court justice, Susan Blanco dissents in a criminal appeal where the majority found a detective's tactics didn't pressure a defendant into speaking. Surprisingly, Blanco joins Justice Brian Boatright, who doesn't typically split off to the defense's side.

explained below, a court in another district, presiding over a similar case about warrantless arrests, allowed deportation officers to testify under pseudonym. Defendants request this relief as they reasonably fear that the deportation officers could face harm and retaliation, including physical harm, doxxing, or other potential harassment, if they are identified by name. Counsel for Plaintiffs has indicated that Plaintiffs oppose the relief requested by this motion.

ORDER granting 89 Motion for Leave. Defendants imply, but do not expressly state, that counsel has conferred with plaintiffs' counsel, and that there is no objection to the motion. The Court will grant this motion, and the "emergency" motion at ECF No. 92, on the assumption that plaintiffs do not object. There should in the future be a clear statement that counsel have conferred and what the opposing party's position on the motion is. by Judge R. Brooke Jackson on 3/8/26. Text Only Entry(rbj) (Entered: 03/08/2026)

Not only did the government fail to meet its burden to show a need for pseudonymity, but the public’s interest in transparency in this case is at its apex. Indeed, one can draw a straight line between the serious and widespread misconduct among ICE agents and the heightened public scrutiny surrounding them.7 See Jakuttis v. Town of Dracut, 656 F. Supp. 3d 302, 349–50 (D. Mass. 2023). Public access and transparency is a feature – not a bug – of addressing the systemic issues that exist in ICE’s current arrest and enforcement practices. Cf. Robinson v. City of Huntsville, 5:21-cv-704-AKK, 2021 WL 5053276, at *3 (N.D. Ala. Nov. 1, 2021) (observing that the public’s access to police bodycam footage of an officer’s shooting “is imperative to foster dialogue about whether structural reforms in policing are needed”).

Some confusion unfolding on the docket of Senior Judge Brooke Jackson of Colorado, who is hearing evidence tomorrow of ICE allegedly violating his order on warrantless arrests. The government asked for ICE officers not to be named. Jackson granted the motion. Plaintiffs are now saying they object.

4. If release is granted, respondents SHALL NOT impose additional release conditions other than those ordered by the Immigration Judge. Furthermore, the government SHALL NOT continue to detain the petitioner under 8 C.F.R. § 1003.19(i)(2), on the grounds that it is administratively appealing petitioner’s eligibility for bond under 8 U.S.C. § 1226(a).

Interesting. Senior Judge Brooke Jackson of Colorado blocked the government from invoking the "automatic stay" to keep a keep a man locked up even if an immigration judge releases him on bond.

Good visual reminder that war not only has large human and economic costs, it can have environmental impacts as well.

This probably goes without saying, but it is extremely unusual that Tina Peters’ direct appeal hasn’t even been decided yet and there’s clemency in the air. Seems like it would be useful to know first whether the Court of Appeals thinks her convictions and sentence are legally sound.

MINUTE ORDER re: The Court has reviewed petitioner's 18 MOTION to Enforce 14 Order,,,,, filed by Deonicio Castillo Cabral this morning (March 6, 2026) at 9:58 a.m. The motion asks the Court to find that an ICE order requiring petitioner to appear at an agnecy office in Centennial, Colorado on March 10, 2026 between 8:00 a.m. and 3:00 p.m. for a "Check-In and Case Review" violates its Order. Petitioner argues that this was not a condition imposed by the Immigration Judge and therefore is contrary to this Court's order that ICE "SHALL NOT impose additional release conditions other than those ordered by the Immigration Judge." The motion relates that counsel have conferred, but that respondents oppose the motion. If the government wishes to make an argument as to why the new ICE condition does not violate the Court's Order, the argument must be made no later than 10:00 a.m. on March 9. 2026. by Judge R. Brooke Jackson on 3/6/2026. Text Only Entry (rbjlc9, ) (Entered: 03/06/2026)

Senior Judge R. Brooke Jackson of Colorado will evaluate whether ICE requiring a man to attend a "check-in and case review" violates his order to the extent that it's a condition of release not imposed by an immigration judge:

Although the 10th Circuit now has a seemingly clear rule – that prisoners have to show how their rights are still being violated post-transfer – it’s completely unclear why it treated these two plaintiffs differently on appeal, when they both communicated the same message to the court.

So, how did the 10th Circuit reconcile its about-face this week in the case of plaintiff Rodney Eaves? It said that Eaves’s statement illustrated “a cognizable danger of recurrent violation” in his new prison. *But so did Bacote’s statement.* The circuit just refused to consider it.

10th Circuit opens door wider for courts to dismiss prisoners' civil rights lawsuits The federal appeals court based in Denver made it easier on Tuesday for prison officials to defeat lawsuits from incarcerated plaintiffs by moving them to a different facility outside a circuit court’...

Two years ago, the 10th Circuit reached the opposite outcome in a very similar set of circumstances. The panel refused to consider plaintiff Michael Bacote’s statement on appeal describing how his rights were still being violated at the new facility...
www.coloradopolitics.com/2024/03/07/1...

This week, the 10th Circuit let an incarcerated plaintiff continue suing Colorado’s governor even though he transferred prisons during his lawsuit. The panel relied on the man’s statement that his rights were still being violated.

Sounds reasonable, except…
www.coloradopolitics.com/2026/03/06/1...

A man convicted of vehicular homicide in Douglas County will get a new trial, after the Court of Appeals determined jurors should have been instructed that they could acquit the defendant if they believed the victim's extreme intoxication caused her death:
www.coloradopolitics.com/2026/03/05/a...

The Court does not doubt that extended periods of solitary confinement may constitute extraordinary and compelling circumstances in certain situations. Platt, however, does not supply sufficient facts or develop any argument as to why his personal circumstances, in combination with his prolonged solitary confinement, constitute extraordinary and compelling circumstances. At most, he says that he “has completed many classes over his tenure at the Administrative Maximum Facility . . . .” (ECF No. 75 at 4.) This is simply not enough to show extraordinary and compelling circumstances. And for the Government’s part, it points out that Platt “slashed a correctional officer’s left arm with a razor blade causing a 4-inch laceration that required stitches.” (ECF No. 79 at 6.) Hence, to the extent Platt has been sitting in prolonged solitary confinement, the limited facts the Court has before it suggest that the

3 Should Platt’s prolonged solitary confinement continue, however, the Court would invite him to file another motion, no earlier than July 1, 2026, raising this issue and developing a robust argument in support. In extending this invitation, however, the Court emphasizes that Platt would still need to persuade the Court that a sentence reduction would be consistent with the section 3553(a) factors. Jones, 980 F.3d at 1107. Given Platt’s long and violent criminal history, persuading the Court that these factors are satisfied would be a steep hill to climb.

Senior Judge William Martínez of Colorado declined to reduce the sentence of a defendant who has been in solitary confinement for eight years. Although he said it'll be difficult, he invited the defendant to try again in a few months if nothing changes.

If these prosecutors aren't busy how about they go after some pedophiles

A Denver prosecutor allegedly sought the arrests of 2 witnesses who didn't appear under subpoena on the required date--even though the trial was actually postponed. A federal judge granted qualified immunity, as disobeying the subpoena created probable cause:
www.coloradopolitics.com/2026/03/04/f...

Colorado's judicial discipline commission released its 2025 report. While most of the contents track with an update the legislature received in January, we now know there were 3 judges privately disciplined for losing their composure in the courtroom:
www.coloradopolitics.com/2026/03/04/j...

Outside of the deportation officer’s declaration, which provides no detail as to how or why the check-ins were part of Petitioner’s conditions of release and does not address how the attesting officer became aware of these alleged violations, Respondents provide no evidence or documentation that might suggest either that the check-ins were part of Petitioner’s conditions of release or that Petitioner missed these check-ins. And as Petitioner points out, if Petitioner’s missed check-ins were truly an issue, Respondents logically should have acted to re-detain Petitioner long ago; this greatly increases the likelihood that the stated reason for Petitioner’s redetention was pretextual. Furthermore, the court notes there is no suggestion here that Petitioner

ICE arrested a man allegedly after he missed 11 biometric check-ins. Magistrate Judge Susan Prose of Colorado ordered him released today, and openly questioned why ICE waited so long to act if that truly was the reason for detention.

A man with the government has been at the last two hearings relating to the contempt claim. Both times, he sat in the section of the courtroom open only to parties and counsel. Although not at counsel’s table, Littman and Jean Lin, the other Justice Department lawyer present at both hearings, has repeatedly consulted with him during both hearings. After today’s hearing — and after not being able to figure out for myself who he was after the last hearing — I asked him who he was. I had my press pass visibly displayed and identified myself as a reporter. He said he didn’t want to do that. I suggested that he must be a government official or employee, sitting where he was, and, if so, I asked incredulously if he really was not going to tell a reporter at a hearing who he was. He said no. Then, the people leaving — myself included — got to the elevator. Littman, Lin, mystery man, and two other people sitting with mystery man on the government side of the courtroom during the hearing on Wednesday were getting into the elevator. Some of them were already in the elevator. When I stepped in, mystery man said he would wait for the next elevator. Everyone else then got out of the elevator. Left in the elevator alone, I looked at these five adults — all of whom I believe have to be government employees, hence, paid by the public and allegedly working for the public — and was some combination of bemused and appalled. “You are all ridiculous,” I simply said. The door closed.

And, the story of the mystery man.

www.lawdork.com/p/lamberth-c...

Senior Judge William Martínez of Colorado is now explicitly telling ICE that they can't impose further monitoring restrictions on people if an immigration judge deems them suitable for release on bond:

https://tinyurl.com/covering-courts

One more week until the Covering the Courts webinar, where legal affairs journalists and judges will provide tips about reporting on the law, the judiciary and the court system. It's free! Register at tinyurl.com/covering-cou.... Speakers include @mjsdc.bsky.social, @nateraymond.bsky.social and me.

I would not like to be the lawyer who defied Brooke Jackson. He is incredibly formidable.

Colorado Supreme Court signals intervention in dispute over treatment for trans children The Colorado Supreme Court ordered Children's Hospital Colorado on Tuesday to explain why it should not direct the organization to resume providing certain types of care to transgender children in com...

NEW: The Colo. Supreme Court has ordered Children's Hospital Colorado to explain why it shouldn't direct the hospital to continue providing gender-affirming care to trans children. A Denver judge previously rejected an injunction to avoid federal retaliation:
www.coloradopolitics.com/2026/03/03/c...

It isn't the only reason, but the fact that they're both facing primary challenges from people who say the senators are too accommodating of Trump makes me think this won't happen.

This is good analysis, but I no longer think Judge Dan Domenico is a viable candidate for the Tymkovich vacancy. I think it'll be someone who works/has worked for Trump in an executive agency. I also believe it would reflect favorably on Domenico in the long run if Trump bypassed him, to be honest.