Court Cases

The ACLU of Colorado filed an amicus brief urging the Colorado Supreme Court to conclude that Colorado state protections preempt municipal sentencing schemes that punish identical conduct more harshly and such schemes violate Colorado’s longstanding equal protection guarantee. On December 22, 2025, the Court held that municipalities may not authorize harsher sentences than state law allows for an identical offense.

The ACLU of Colorado is investigating and bringing habeas corpus cases based on unlawful practices occurring in the Pueblo Municipal Court where the court is issuing new “Contempt of Court” charges against defendants for missing court dates, resulting in extreme and illegal jail sentences.

The ACLU of Colorado filed an amicus brief along with the National Association of Criminal Defense Lawyers calling for the Colorado Supreme Court to recognize that a person held at a police station for two hours, restrained with bags over her hands, interrogated, and not permitted to leave, is in police custody, and thus must be read a Miranda advisement, no matter how police characterize the situation.