Colorado: Appeals court declines to rehear Tina Peters’ arguments | Tom Hesse/CPR
A three-judge panel of the Court of Appeals will not take a second crack at Tina Peters’ appeal despite a request from her attorney asking for more consideration of some of their arguments. Peters’ attorneys requested the rehearing on April 16, two weeks after the Court of Appeals ordered a re-sentencing for the former Mesa County Clerk on the grounds that the trial judge, 21st Judicial District Court Judge Matthew Barrett, had improperly considered Peters’ public comments and may have violated her First Amendment right to free speech. Today, the Court of Appeals rejected that rehearing request. In their request for a rehearing, Peters’ attorneys argued that the Court of Appeals “misapprehended” their arguments on the supremacy clause. Peters has long maintained that she was acting in a federal capacity when she permitted unauthorized access to county voting equipment and, therefore, should be immune from state charges. Thus far, no court has sided with Peters’ claims. Read Article
