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Federal Judge Declines to Free Tina Peters Pending State Appeal

The court said it must abstain until Colorado's appellate review concludes.

Overview

  • Tina Peters’ habeas bid for release on bond was denied by U.S. Magistrate Judge Scott Varholak, who ruled federal courts cannot intervene while her state appeal is active.
  • Varholak noted Peters raises significant First Amendment questions about whether her sentencing penalized protected speech, but said those claims must be resolved in state court first.
  • Peters, the former Mesa County clerk, is serving a nine-year sentence at La Vista Correctional Facility after a 2024 jury conviction tied to an unauthorized breach of county voting systems.
  • Colorado prison officials recently rejected the Trump administration’s request to transfer Peters to federal custody, keeping her in state custody during ongoing appeals.
  • The Justice Department earlier filed that it had “reasonable concerns” about the prosecution’s motives, as President Trump and allies continue pressing for Peters’ release.