No. 25-6769

In Re David J. Gottorff

Lower Court: N/A
Docketed: 2026-02-10
Status: Pending
Type: IFP
IFP
Tags: collateral-estoppel constitutional-rights double-jeopardy due-process first-amendment sixth-amendment
Key Terms:
ERISA FirstAmendment DueProcess FifthAmendment HabeasCorpus Securities
Latest Conference: 2026-02-27
Question Presented (AI Summary)

Whether the arrest and prosecution of the Petitioner violated First Amendment rights and constitutional protections against Double Jeopardy, Collateral Estoppel, and due process

Question Presented (OCR Extract)

1. Whether the arrest and prosecution of the Petitioner in Ouray District Court case 2022 CR 8 was in criminal violation of 18 U.S.C. 1512(d)(3); thereby abridging the Petitioner ’s First Amendment right to free speech and toseek redress with the government? Question 2. Whether the Ouray District Court abridged the Petitioners ’ constitutional protection against Double Jeopardy secured in the Fifth Amendment by trying him a second time on the offense of ‘stalking ” after a prior acquittal? Question 3. Whether the Ouray District Court abridged the Petitioners ’ constitutional protection against Collateral Estoppel secured in the Fifth Amendment of the U.S. Constitution by admitting prior act evidence from a prior acquittal to prove the ‘threat ” element and infer he had bad character and acted in conformity with that character. Question 4. Whether the Petitioner ’s prosecution for “Felony Menacing; ” C.R.S. 18-3206, based on the belief that he possessed firearms for the purpose of ‘self-defense ” abridged the Petitioner ’s Second Amendment right secured in the U.S. Constitution? Question 5. Whether the trial court abridged the Petitioner ’s right to conflict free counsel of choice secured in the Sixth Amendment of the U.S. Constitution? Question 6. Whether the trial court improperly instructed the jury on Colorado ’s “true threat ” standard as it existed prior to this Court ’s ruling in Counterman v. Colorado; thus abridging the Petitioner ’s First Amendment right secured in the U.S. Constitution? Question 7. Whether the State of Colorado ’s post-conviction relief and habeas corpus review unlawfully abridged the Petitioner ’s right to due process and equal protection under the law secured in the Fourteenth Amendment of the U.S. Const.? 2

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-01-06
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

David J. Gottorff
David J. Gottorff — Petitioner
David J. Gottorff — Petitioner