MESA COUNTY, Colo. (KREX) — In May, the Federal District Court threw out Tina Peters’ motion to dismiss the criminal investigation against her, declining to intervene. On Friday, the 10th Circuit Court of Appeals denied Tina Peters’ appeal of that decision.

In November 2023, Tina Peters asked the Federal District Court to prevent Mesa County District Attorney Dan Rubinstein from prosecuting her in state court, alleging he “retaliated against her for exercising her First Amendment rights” after publicly criticizing the county’s voting system.

In January, the Federal District Court decided to abstain under Younger v. Harris — a precedent that determined federal courts are not allowed to intervene in state court proceedings to enforce federal constitutional rights — Peters appealed the decision stating that the court “could not abstain because she is immune from state prosecution and the court improperly applied the case.”

The 10th Circuit Court of Appeals affirmed the federal court’s decision and denied Peters’ motion, stating that the “Younger abstention was appropriate and Ms. Peters has not met her heavy burden to show the bad faith exception applies.”

District Attorney Dan Rubinstein made the following statement about the 10th Circuit’s decision:

“I am pleased that the 10th Circuit Court of Appeals and the Federal District Court reached the same conclusion, that there is no evidence to support Ms. Peters’ allegations that her prosecution is driven by any improper motive. On behalf of the citizens of this community, who I was elected to represent, we look forward to bringing her case to trial next month.”

Tina Peters’ trial is set to start July 31 and WesternSlopeNow will be livestreaming on our site.

The full court filing can be found below.