From the Courts
Colorado Court Case Summaries
People v. Allen.
2024 COA 43. No. 23CA1011. Preliminary Hearing—Defendant in Custody.
April 25, 2024
Woodall v. Godfrey.
2024 COA 42. No. 23CA0420. Civil Action for Deprivation of Rights—Excessive Force Claim—Colorado Constitution Article II—Searches and Seizures—42 USC § 1983—Objective Reasonableness Standard.
April 25, 2024
People v. Shannon.
2024 COA 41. No. 22CA0014. Use of Exhibits During Jury Deliberation—Recorded Out-of-Court Witness Statements—Human Trafficking for Sexual Servitude—Solicitation for Child Prostitution—Inducement of Child Prostitution—Colorado Constitution Article II—Equal Protection.
April 25, 2024
United States v. Flechs.
No. 22-5088. 4/19/24. N.D.Okla. Judge Matheson. Attempted Enticement of a Minor—Sufficiency of Evidence—Substantial Step Toward Enticement—Jury Instruction on Grooming.
April 19, 2024
Vogt v. McIntosh County Board of County Commissioners.
No. 22-7061. 4/15/2024. E.D.Okla. Judge Carson. Employment Termination—First Amendment—Qualified Immunity—Clearly Established Precedent.
April 15, 2024
God’s Storehouse Topeka Church v. United States.
No. 23-3063. 4/9/2024. D.Kan. Judge Murphy. Not-for-Profit Corporation—Church Records—Employment Taxes—26 USC § 7609—26 USC § 7611—Independent Neuropsychological Evaluation—Cost Reimbursement.
April 9, 2024
Johnson v. Metropolitan Property and Casualty Insurance Co.
No. 23-6061. 4/8/2024. W.D.Okla. Judge Phillips. Automobile Insurance Policies—Uninsured Motorist Coverage Exclusion—Breach of Contract—Leave to Amend Complaint—Statute of Limitations.
April 8, 2024
United States v. Bradley.
No. 23-1223. 4/8/2024. D.Colo. Judge Rossman. Motion for Compassionate Release—18 USC § 3553(a) Factors—Extraordinary and Compelling Reasons—Failure to Seek Plain Error Review—Waiver.
April 8, 2024
United States v. Zamora.
No. 22-4096. 4/5/2024. D.Utah. Judge Rossman. Fleeing Felon—Recklessly Subjecting Another Person to Substantial Risk of Death or Serious Bodily Injury—US Sentencing Guidelines—Two-Level Sentence Enhancement—Procedural Reasonableness of Sentence.
April 5, 2024
Scholle v. Ehrichs.
2024 CO 22. No. 22SC639. Reduction of Damages—Collateral Source Evidence—Subrogation Against Insureds.
April 22, 2024
In re Kennedy.
2024 CO 21. No. 23SA137. Conduct and Discipline—Reciprocal Discipline—Limitation of Actions—Disbarment—Summary Judgment.
April 22, 2024
Wenzell v. United Services Automobile Ass’n.
2024 COA 40. No. 23CA1327. Automobile Insurance Policies—Uninsured/Underinsured Motorist Benefits—Improper Denial of Claims—Remedies for Unreasonable Delay or Denial of Benefits—Failure-to-Cooperate Defense.
April 18, 2024
Brightstar LLC v. Jordan.
2024 COA 39. No. 22CA0946. Civil Procedure—Service and Filing of Pleadings and Other Papers—Service by Email—Arbitration Agreement—Jurisdiction Over Non-Party to Agreement—Application of Federal Arbitration Act—Vacatur of Arbitration Award.
April 18, 2024
People v. Burdette.
2024 COA 38. No. 21CA2075. DUI—Limitation for Collateral Attack Upon Trial Court Judgment—Sixth Amendment—Right to Counsel—Subject Matter Jurisdiction—Crim. P. 24—Express Consent Statute—Admission of Blood Test Results—Speedy Trial Right.
April 18, 2024
People v. Montoya.
2024 COA 37. No. 21CA1539. Sixth Amendment—Right to Public Trial—Waller Test—Failure or Refusal to Leave Premises—Barricading.
April 18, 2024
People v. Montoya.
2024 CO 20. No. 22SC580. Rule of Completeness—DUI—Administrative Law—BAC Testing—Jury Question—Admissibility of Evidence—Appellate Jurisdiction—Abate Ab Initio.
April 15, 2024
Town of Kiowa v. Industrial Claim Appeals Office.
2024 COA 36. No. 23CA1605. Workers’ Compensation—Definitive Time, Place, and Cause of Injury—Substantial Evidence—Due Process.
April 11, 2024
People v. Martinez.
2024 COA 34. No. 22CA0667. Due Process—Indictment and Information—Constructive Amendment—Jury Interrogatory—Sufficiency of Evidence—Hearsay.
April 11, 2024
Kinslow v. Mohammadi.
2024 CO 19. No. 22SC787. Statute of Limitations— Limitations for Persons Under Disability—Tolling—When a Statute Begins to Run.
April 8, 2024
People v. Bohler.
2024 CO 18. No. 23SA121. Criminal Law—Miranda—Custody—Jurisdiction for Interlocutory Appeals.
April 8, 2024
People v. Malouff Jr.
No. 24PDJ014. 3/8/2024. Stipulation to Discipline.
April 7, 2024
People v. Lindstrom.
No. 24PDJ018. 3/6/2024. Stipulation to Discipline.
April 7, 2024
People v. Kilby.
No. 24PDJ020. 3/15/2024. Stipulation to Discipline.
April 7, 2024
People v. Harro.
No. 23PDJ033 (consolidated with No. 23PDJ071). 3/8/2024. Stipulation to Discipline.
April 7, 2024
People v. Reynolds-Wynn.
2024 COA 33. No. 21CA2080. Constitutional Law—Sixth Amendment—Confrontation Clause—Witnesses—Bias—Cross-Examination.
April 4, 2024
People v. Vega Dominguez.
2024 COA 32. No. 21CA1144. Colorado Constitution—Equal Protection—Attempted Patronizing a Prostituted Child—Attempted Inducement of Child Prostitution—Mens Rea—Jury Instructions.
April 4, 2024
Rule Change 2024(07)
Colorado Rules of Evidence: Rules 106 and 615
April 4, 2024
Colorado Department of State v. Unite for Colorado.
2024 COA 31. No. 23CA0989. Election Law—Initiative and Referendum—Fair Campaign Practices Act—Colorado Constitution Article 28, § 2(10)—Issue Committees—Major Purpose—Disclosure.
March 28, 2024
Simpson v. City of Durango.
2024 COA 30. No. 23CA0622. Colorado Open Records Act—Work Product Exceptions—Work Product Prepared for Elected Officials—Appellate Attorney Fees.
March 28, 2024
Stalder v. Colorado Mesa University.
2024 COA 29. No. 23CA0311. Colorado Anti-Discrimination Act—Americans with Disabilities Act—Intentional Infliction of Emotional Distress—Rights of Individuals With Service Animals—Legitimate Suspicions Doctrine.
March 28, 2024
United States v. Zhong.
No. 22-1034. 3/12/2024. D.Colo. Judge Eid. US Sentencing Guidelines—Mandatory Minimum Sentence—Non-Guideline Sentence—Safety Valve Relief.
March 12, 2024
Young v. Colorado Department of Corrections.
No. 23-1063. 3/11/2024. D.Colo. Judge Tymkovich. Mandatory Employee Training—Hostile Work Environment—Equal Protection— Title VII of the Civil Rights Act—Leave to Amend Complaint—Plausible Allegations.
March 11, 2024
Alex W. v. Poudre School District R-1.
Nos. 22-1236 & 22-1250. 3/7/2024. D.Colo. Judge Rossman. Individuals With Disabilities Education Act—Statute of Limitations—Disability Evaluations—Individual Education Program—Functional Behavior Analysis—Free Appropriate Public Education—Independent Neuropsychological Evaluation—Cost Reimbursement.
March 7, 2024
Bacote v. Federal Bureau of Prisons.
No. 22-1325. 3/5/2024. D.Colo. Judge Carson. Federal Bureau of Prisons—Confinement Conditions—Injunctive and Declaratory Relief—Eighth Amendment—Prudential Mootness.
March 5, 2024
United States v. Pemberton.
No. 22-7028. 3/4/2024. E.D.Okla. Judge Tymkovich. State Court Jurisdiction—Indian Country—Motion to Suppress—Good Faith Exception to Exclusionary Rule—Sentencing Hearing—Right to Proceed Pro Se.
March 4, 2024
United States v. Ware.
No. 22-6203. 2/28/2024. W.D.Okla. Judge Rossman. Correctional Officers—Deliberate Indifference to Substantial Risk of Serious Harm—Use of Excessive Force—US Sentencing Guidelines—Downward Variance—Substantive Reasonableness of Sentence.
February 28, 2024
Martinez v. People. [original decision published February 5, 2024]
2024 CO 6M. No. 22S272. Criminal Law—Restitution—Standard of Review—Proximate Cause.
March 25, 2024
Essentia Insurance Co. v. Hughes.
2024 CO 17. No. 22SC450. Uninsured/Underinsured Motorist Benefit—CRS § 10-4-609— DeHerrera v. Sentry Insurance Co.v, 30 P.3d 167 (Colo. 2001)—Specialty Antique/Classic-Car Policies—Adjunctive Specialty Antique/Classic-Car Policies Functioning in Tandem With Standard Regular-Use-Vehicle Policies.
March 25, 2024
People in Interest of J.G.
2024 CO 16. No. 22SC549. Searches and Seizures—Students—Reasonable Suspicion.
March 25, 2024
In re People v. Maes.
2024 CO 15. No. 22SA273. Criminal Law—Preliminary Hearings—Probable Cause—Reviewability of Magistrate Determinations—Colorado Rules for Magistrates—Final Order or Judgment—Timeliness.
March 25, 2024
Aranci v. Lower South Platte Water Conservancy District.
2024 COA 28. No. 23CA0138. Colorado Taxpayer Bill of Rights—Water Conservancy Act—Mill Levy Rates—Collection of Taxes.
March 21, 2024
People v. Hood.
2024 COA 27. No. 21CA1808. Unlawful Sexual Behavior—Rape Shield Statute—DNA Testing—Relevancy of Evidence—Exclusion of Relevant Evidence.
March 14, 2024
People v. Lopez.
2024 COA 26. No. 19CA2313. Testimony Concerning the Truthfulness of Another Witness—Opening the Door Doctrine—Preliminary Witness Questions—Response to Jury Question.
March 14, 2024
Godinez v. Williams.
2024 CO 14. No. 23SA277.Colorado’s Sex Offender Lifetime Supervision Act Parole Provisions as Applied to Juvenile Sex Offenders—Graham v. Florida, 560 U.S. 48, 75 (2010), Parole Requirements for Nonhomicide Juvenile Offenders.
March 11, 2024
Gregory v. Safeco Insurance. Co. of America.; Runkel v. Owners Insurance. Co.
2024 CO 13. Nos. 22SC399 & 22SC563. Homeowners’ Insurance—Occurrence-Based Insurance Contracts—Notice-Prejudice Rule.
March 11, 2024
United States v. Garcia-Rodriguez.
No. 22-6194. 2/21/2024. W.D.Okla. Judge Bacharach. Fourth Amendment—Plain View—Summary Judgment—Collateral Order Doctrine.
February 21, 2024
Hobbs v. City of Salida.
2024 COA 25. No. 23CA0073. Noise Abatement—Maximum Permissible Noise Levels—Colorado Noise Abatement Act—Preemption of Municipal Law—Noise Ordinances.
March 7, 2024
In re Kiesnowski.
2024 CO 12. No. 23SA171. Judicial Discipline—Sanctions.
March 4, 2024
Center for Wound Healing & Hyperbaric Medicine, LLC v. Kit Carson County Health Service District.
2024 COA 24. No. 23CA0522. Taxation—TABOR—Special Districts—Constitutional Debt—Contracts—Appropriation Contingency Clauses.
February 29, 2024
Barrett v. Division of Water Resources.
2024 COA 23. No. 23CA0243. Water Right Determination and Administration Act of 1969—Water Judges—Jurisdiction—CRCP 12(b)(1).
February 29, 2024
Million v. Grasse.
2024 COA 22. No. 22CA1154. Limited Liability Companies—Piercing Doctrine—Alter Ego—Breach of Contract—Civil Theft.
February 29, 2024
People v. Melendez.
2024 COA 21. No. 22CA0058. Sixth Amendment—Confrontation Clause—Postconviction Remedies—Conviction Obtained or Sentence Imposed in Violation of the Constitution—Margerum Rule—Retroactive Application.
February 29, 2024
People v. Kirby.
2024 COA 20. No. 21CA1699. Reckless Vehicular Homicide—Reckless Manslaughter—Careless Driving Resulting in Death—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses.
February 29, 2024
People v. Schielke.
No. 23PDJ073. 1/26/2024. Stipulation to Discipline.
February 28, 2024
People v. Hicks.
No. 23PDJ039. 2/2/2024. Stipulation to Discipline.
February 28, 2024
People v. Brassill.
2024 COA 19. No. 23CA0058. Sentencing—Assessment of Restitution—Procedural Deadlines—Scheduling Order—Reasonable Diligence.
February 22, 2024
Anzalone v. Board of Trustees of the Town of Del Norte.
2024 COA 18. No. 22CA2181. Administrative Law—Colorado Open Meetings Law—Public Meetings—Executive Sessions—Formal Actions—Censure Proceedings.
February 22, 2024
Miller v. Amos.
2024 CO 11. No. 22SC936.Landlord and Tenant—Forcible Entry and Detainer—Affirmative Defenses—Civil Rights.
February 20, 2024
People v. Owens.
2024 CO 10. No. 08SA402. Examination of Jurors—Peremptory Challenges—Misconduct Evidence—Remarks by Witnesses—Cross-examination and Impeachment.
February 20, 2024
Hice v. Giron.
2024 CO 9. No. 22SC671. Governmental Immunity—Emergency Vehicles.
February 20, 2024
GHP Horwath, P.C. v. Kazazian.
2024 CO 8. No. 23SA146. Right of Access—Supervisory Power of the Court—Injunction Against Self-Representation.
February 20, 2024
Schnelle v. Cantafio.
2024 COA 17. No. 23CA1333. Summary Judgment—Motion for Directed Verdict—Malicious Prosecution—Lack of Probable Cause—CRCP 50—CRCP 56—C.A.R.4.2(d).
February 15, 2024
Thomas v. Childhelp, Inc.
2024 COA 16. No. 23CA0431. Colorado Rules of Civil Procedure—Class Actions—Class Certification—Claim in Individual Capacity—Colorado Consumer Protection Act—Summary Judgment.
February 15, 2024
Babayev v. Hertz Corp.
2024 COA 15. No. 23CA0117. Insurance—Motor Vehicle Rental Companies—Uninsured/Underinsured Motorist Coverage—CRCP 56(h)—Actual Insurer—De Facto Insurer.
February 15, 2024
People v. Dulac.
2024 COA 14. No. 22CA2216. Sex Offender Registration—Petition for Removal From Registry—Deferred Judgment and Sentence—Deferred Adjudication—Case Dismissal.
February 15, 2024
People v. Wade.
2024 COA 13. No. 21CA1581. Harassment—Assault in the Second Degree—Assault in the Third Degree—Child Abuse—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses—Affirmative Defenses—Self-Defense.
February 15, 2024
County of Jefferson v. Stickle.
2024 C0 7. No. 22SC632. Colorado Governmental Immunity Act—Sovereign Immunity—Building—Design—Dangerous Condition.
February 5, 2024
Martinez v. People.
2024 CO 6. No. 22S272. Criminal Law—Restitution—Standard of Review—Proximate Cause.
February 5, 2024
Rule Change 2024(06)
Colorado Rules of Professional Conduct
February 8, 2024
Rule Change 2024(05)
Colorado Rules of Civil Procedure
February 1, 2024
People in Interest of E.E.L-T.
2024 COA 12. No. 22CA1714. Family Law—Allocation of Decision-Making Responsibility—Impasse Between Joint-Decision-Makers—Best Interests of the Child—Endangerment Finding.
February 8, 2024
People v. Torrez.
2024 COA 11. No. 20CA0727. Jury Instructions—Empanelment Oath—Standard of Review—Plain Error.
February 8, 2024
People v. Schwartz.
No. 23PDJ075. 1/2/2024. Stipulation to Discipline.
February 12, 2024
People v. Mrachek.
No. 23PDJ065. 12/4/2023. Stipulation to Discipline.
February 12, 2024
People v. Matsunaka.
No. 24PDJ006. 1/18/2024. Stipulation to Discipline.
February 12, 2024
People v. Kennedy.
No. 23PDJ061. 12/22/2023. Stipulation to Discipline.
February 12, 2024
People v. Keller.
No. 24PDJ001. 1/10/2024. Stipulation to Discipline.
February 12, 2024
People v. Chavez.
No. 21PDJ070. 1/10/2024. Stipulation to Discipline.
February 12, 2024
People v. Chavez.
No. 23PDJ060. 1/10/2024. Stipulation to Discipline.
February 12, 2024
Speech First, Inc. v. Shrum.
No. 23-6054. 2/9/2024. W.D.Okla. Judge Hartz. Organizational Standing—Pseudonymous Declaration.
February 9, 2024
Cline v. Clinical Perfusion Systems, Inc.
No. 22-5107. 2/9/2024. N.D.Okla. Judge Ebel. Employment Termination—Disability Discrimination—Age Discrimination—Plausible Allegations.
February 9, 2024
United States v. Morales-Lopez.
No. 22-4074. 2/9/2024. D.Utah. Judge Baldock. 18 USC § 922(g)(3)—Unlawful User of a Controlled Substance—Fifth Amendment Due Process Clause—Facial Challenge—As-Applied Challenge.
February 9, 2024
United States v. Devereaux.
No. 22-1203. 2/6/2024. D.Colo. Judge Ebel. US Sentencing Guidelines—Base Offense Level—Prior Conviction—Categorical Versus Modified Categorical Approach—Crime of Violence.
February 6, 2024
Logsdon v. US Marshal Service.
No. 23-7008. 2/5/2024. E.D.Okla. Judge Hartz. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.
February 5, 2024
City and County of Denver v. Board of County Commissioners of Adams County.
2024 CO 5. No. 22SC250. Breach of Contract Claim—Statute of Limitations—Accrual Date—CRS § 13-80-108(6)—Bennett Bear Creek Farm Water and Sanitation District v. City and County of Denver, 907 P.2d 648, 654 (Colo.App. 1995), aff’d in part and rev’d in part, 928 P.2d 1254 (Colo. 1996).
January 29, 2024
Stone Group Holdings LLC v. Ellison.
2024 COA 10. No. 23CA0004. Remedies—Damages—Prejudgment Interest—Final Appealable Order—Lack of Appellate Jurisdiction.
January 25, 2024
People v. Roper.
2024 COA 9. No. 21CA0309. Sixth Amendment Right to Public Trial—Partial Courtroom Closure—Waller Test—Findings—Structural Error.
January 25, 2024
Federal Trade Commission v. Elite IT Partners, Inc.
No. 23-4009. 1/23/2024. D.Utah. Judge Bacharach. Stipulated Judgment—Case Law Change—Vacatur—Fed. R. Civ. P. 60(b)(6).
January 23, 2024
United States v. Dawson.
No. 22-8064. 1/22/2024. D.Wyo. Judge Baldock. Fourth Amendment—Plain View—Summary Judgment—Collateral Order Doctrine.
January 22, 2024
Harvest Group, LLC v. Love’s Travel Stops & Country Stores, Inc.
No. 22-6170. 1/17/2024. W.D.Okla. Judge Hartz. Economic Development Incentives—Agreement to Procure Incentives—Fee for Procuring Incentives—Breach of Contract—Summary Judgment.
January 17, 2024
Stone v. High Mountain Mining Co.
No. 22-1340. 1/3/2024. D.Colo. Judge Tymkovich. Clean Water Act—Gold Mining—State Regulatory Scheme—County of Maui v. Hawaii Factors.
January 3, 2024
United States v. Guinn.
No. 22-5072. 12/28/2023. N.D.Okla. Judge Phillips. Aggravated Sexual Abuse by Force and Threat in Indian Country—Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country—US Sentencing Guidelines—Fed. R. Evid. 413—Admissibility of Prior Nonsexual Offenses.
December 28, 2023
United States v. Stepp.
No. 23-2029. 12/26/2023. D.N.M. Judge McHugh. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.
December 26, 2023
Kaiser v. Aurora Urban Renewal Authority.
2024 CO 4. No. 22SC92. Colorado Urban Renewal Law—Tax Increment Financing—Statutory Interpretation.
January 22, 2024
People v. Smith.
2024 CO 3. No. 22SC562. Post-Conviction Relief—Abandonment.
January 22, 2024
Wolven v. del Rosario Velez.
2024 COA 8. No. 22CA2120. Personal Injury—Admissibility of Healthcare Provider Liens—Applicability of American Medical Association Impairment Ratings—Limiting Instruction.
January 18, 2024
People v. Mitchell.
2024 COA 7. No. 21CA1676. Fourteenth Amendment—Equal Protection—Selective Prosecution—Reverse Transfer to Juvenile Court—Prosecutorial Discretion.
January 18, 2024
People v. Fregosi.
2024 COA 6. No. 21CA0116. Sentencing—Restitution—Procedural Deadlines—Good Cause to Extend Trial Court’s Deadline—Actual Costs of Specific Future Treatment—In Camera Review of Records.
January 18, 2024
People v. Dye.
2024 CO 2. No. 23SA140. Alternate Suspect Defense—Crim. P.16(II)(c)—Defendant's Discovery Obliations—“Nature of Any Defense"—People v. Elmarr, 2015 CO 53, 351 P.3d 431—Timing of Admissibility Determinations—Discretion to Hold a Hearing.
January 16, 2024
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