On Aug. 13, 2009, Ward Churchill's attorneys filed a Notice of Appeal in the Colorado Court of Appeals. It contests Judge Naves' vacating of the jury verdict, his refusal to grant reinstatement, and many of his rulings during the trial.
Churchill Attorneys: Judge Naves’ Opinion Vacating Jury Verdict Misrepresented Law and Facts
On April 2, 2009, after a 4-week trial, a Denver jury unanimously found that the University of Colorado had violated the First Amendment by firing Professor Ward Churchill not because of alleged research misconduct, but because of his constitutionally protected speech.
After all this, Denver District Court Judge Larry Naves vacated the jury verdict, holding that the University and the Regents had “quasi-judicial” immunity and should never have been sued in the first place. Just in case that didn’t stick, he also went on to opine that Ward Churchill should neither be reinstated nor receive compensation.
Attorney David Lane has filed a Motion for Reconsideration, the first step in the appeal process. It says:
What’s wrong with Judge Naves’ opinion? Read the full Motion for Reconsideration
None dare call it plagiarism? Compare the judge’s ruling with CU’s pleadings [Exh.1]
What did the jurors really think? Read affidavit of Juror Bethany Newill [Exh.2]