Michael Karlik
@michaelkarlik
Judicial reporter at and gazette.com. Shining a light on the work of our state and federal judges. Plus, full-time bird caretaker.
Phoebe and I went to Golden this morning, where he was content watching people (and their dogs) splash around in Clear Creek.
In 2021, Colorado's Court of Appeals ordered a new murder trial because the prosecution played an out-of-context clip that misled jurors into thinking the defendant confessed. At the retrial, the prosecutor...played the same clip. The court reversed again: www.coloradopolitics.com/2026/07/17/a...
Whatever was actually going on with Chief Judge Dan Domenico's lengthy delays in deciding immigration habeas petitions, I've anecdotally noticed that he's far more on top of enforcing the rights of petitioners than he was before the 10th Circuit rebuffed the Trump administration.
Very interesting to see Senator Durbin and Senator Booker cite my reporting when asking Trump’s 10th Circuit nominee, Dan Domenico, to explain his delays in deciding civil and immigration habeas cases. I never got an answer from him on the record, but it’s good to know he doesn’t dispute anything.
UPDATE: Judge Sweeney has removed the restriction on her recent order in Colorado's only federal death penalty prosecution. Although she apparently elaborates on this in a still-sealed order, Sweeney has ordered the defendant to undergo a competency evaluation after he asked to represent himself:
In my review of the Colorado Supreme Court's 2025-26 term, I found a significant increase in non-unanimous opinions over the prior two terms. Also, nine months later, the court still won't tell the public why Justice Melissa Hart vanished in the fall: www.coloradopolitics.com/2026/07/14/d...
In Colorado's only federal death penalty prosecution, the defense is reiterating its request for the judge to recuse or to disclose what she talked about with the warden during a tour of the Supermax prison: www.coloradopolitics.com/2026/07/13/s...
Today, Judge Sweeney seemed to agree that making the document public was desirable, but she's giving the defense a week to object. Given rarity of a death penalty case, and the fact that the defense is trying to remove her for other reasons (see first post), transparency seems non-negotiable here.
...and she issued an order that was initially only viewable by her. But she made a version available to the prosecution and defense too. This week, the government asked that she unrestrict the file, or at least allow the Bureau of Prisons to see it, since it apparently tells them to do something.
Colorado's Court of Appeals clarified that an "at-risk" victim, which state law defines as someone using a mechanical breathing device, doesn't need to use the device all the time. But they do have to be using it on the day of the offense against them: www.coloradopolitics.com/2026/07/09/a...
I didn’t clock this earlier, but with the governor’s appointment of Kyle Brenton to succeed Gilbert Román on Colorado’s Court of Appeals, 10 of the 11 male judges on the court will be white. That compares with only 5 of the 11 female judges.
Colorado's Court of Appeals clarified for the first time that the crime of attempting to influence a public servant doesn't require that the government official actually have authority to carry out the expected act: www.coloradopolitics.com/2026/07/08/a...
The Colorado Supreme Court will decide whether a series of missteps led a judge to erroneously terminate a father's parental rights. Also, it will decide whether a police officer defendant in a civil lawsuit has the burden to prove his search was lawful: www.coloradopolitics.com/2026/07/07/c...
In another order, he says he'll keep doing it until the 10th Circuit says otherwise.
Even though the 10th Circuit's recent decision on immigration detention pointed to a bond hearing as the remedy, Senior Judge William Martínez of Colorado is still out here ordering people's immediate release because he doesn't trust the government to provide a fair bond hearing:
All of Colorado's federal judges have now held that the government is improperly detaining noncitizens without bond hearings -- as Chief Judge Dan Domenico, the lone Trump appointee, now conforms his analysis with the 10th Circuit's binding decision from last week:
NEW: The 10th Circuit revived a voter intimidation lawsuit alleging a Colorado "election integrity" group violated the Ku Klux Klan Act after the 2020 presidential race. A trial judge sided with the defendants based on a misunderstanding of circuit precedent: www.coloradopolitics.com/2026/07/06/1...
The Colorado Supreme Court is considering whether an insurance company is required to defend a manufacturer against scores of asbestos injury lawsuits after its primary insurance became insolvent: www.coloradopolitics.com/2026/07/02/c...
Judge Gordon Gallagher of Colorado orders a second bond hearing for an immigration detainee because the immigration judge didn't mention any evidence she considered when denying bond. Notably, and refreshingly, Gallagher names the IJ who violated due process: Bobbie C. Masters.
Incredible. Less than 24 hours after the 10th Circuit rejected the government's mandatory immigration detention view, Chief Judge Dan Domenico--the only Colorado judge to side with Trump--issues identical orders in *20 cases* for bond hearings. It seems he was sitting on them until the circuit acted
It may not matter that much because the feds in Colorado seem to be conceding these cases regularly now, but two lawyers in immigration habeas cases immediately cited the 10th Circuit's decision today:
The government didn't respond to an immigration habeas petition for 30 days even after Judge Gina Rodriguez of Colorado ordered them to do so multiple times. The government finally filed a response that didn't argue in opposition. Judge Rodriguez immediately ordered the petitioner's release.
NEW: A second assistant U.S attorney in Colorado has filed a response to an immigration habeas petition declining to argue in opposition. This suggests there is a shift happening here, and it's favoring detained noncitizens.
A Wyoming sheriff's office returned $938 of an immigration detainee's money -- which it was allegedly intending to hand over "in due course" -- after his lawyer complained to Senior Judge William Martínez of Colorado about the missing cash.
Meanwhile, Domenico released another decision today rejecting a noncitizen's due process claim.
Another wow: Varholak's passage seems to rebuke (in part) Chief Judge Dan Domenico of Colorado, who has minimized the right to due process for noncitizens. Domenico is currently Trump's nominee to a 10th Circuit vacancy.
Wow. Magistrate Judge Scott Varholak ordered a bond hearing w/this note: "If the Court is wrong, let another court declare that a noncitizen with no criminal history, no history of flight, & an adjudicated right to asylum may be detained indefinitely without running afoul of the Due Process Clause."
At the same time the Colorado Supreme Court killed the opportunity for voters to enact new congressional districts, it said a conservative group that spent $4 million in the 2020 election doesn’t have to disclose its donors: www.coloradopolitics.com/2026/06/29/c...
NEW: Congressional redistricting in 2028 is dead in Colorado, with the Supreme Court striking five proposed ballot initiatives -- favoring both D's and R's -- as violating the state constitution: www.coloradopolitics.com/2026/06/29/c...
BREAKING: The Colorado Supreme Court blocks *all* proposed redistricting measures from reaching the ballot -- including attempts by Democrats and Republicans to draw maps in their favor for 2026.