Harrington v. Neutron Holdings, Inc

2024 COA 120. No. 23CA1663. Negligence—Duty of Care—Nonfeasance versus Misfeasance—Special Relationship Between Parties—Electric Scooters.

People v. Feldman.

2024 COA 119. No. 22CA0792. Government Officers—Coroner—Cause and Manner of Death—Constitutional Law—Separation of Powers—Subdelegation Doctrine—Expert Testimony—Lay Testimony—CRE 404(a).

Judicial Department Forms—November 2024

Parker Water v. Rein.

2024 CO 71. No. 23SA141. Water Law—Nontributary Groundwater—Well Permits—Groundwater Management—Rights in Owner of Overlying Lands—Statutes, Regulations, and Rules—Statutory Interpretation.

People v. Segura.

2024 CO 70. No. 22SC816. Crim. P. 35—Postconviction Remedies—Ineffective Assistance of Trial Counsel—Procedures for Filing and Resolving Crim. P. 35(c) Motions—Crim. P. 35(c)(3)(IV)–(V)—Statutory Right to Postconviction Counsel—Silva v. People—CRS § 21-1-104.

People v. Martinez.

2024 CO 69. No. 23SC197. Expert Witness Testimony.

People v. Weiner.

No. 24PDJ013. 9/30/2024. Stipulation to Discipline.

People v. Wasley.

No. 24PDJ069. 9/26/2024. Stipulation to Discipline.

People v. Warren.

No. 24PDJ077. 9/25/2024. Stipulation to Discipline.

Sweeney v. People.

No. 24PDJ066. 10/3/2024. Stipulation to Reinstatement.

People v. Stanley.

No. 23PDJ041.  9/10/2024. Amended Opinion Imposing Sanctions.

People v. Long.

No. 24PDJ076. 9/25/2024. Reciprocal Discipline.

Levy v. People.

No. 24PDJ029. 10/17/2024. Stipulation to Reinstatement.

People v. Hurlbert.

No. 24PDJ012. 9/30/2024. Stipulation to Discipline.

People v. Heath.

No. 24PDJ078. 9/27/2024. Reciprocal Discipline.

People v. Goldman.

No. 24PDJ049. 8/30/2024. Reciprocal Discipline.

People v. Muscato.

No. 24PDJ047. Opinion Approving Stipulation to Discipline. 7/30/2024.

People v. Grewe.

No. 24PDJ044. Stipulation to Discipline. 8/29/2024.

People v. Wichern.

No. 23PDJ040. Stipulation to Discipline. 8/22/2024.

People v. Tice.

No. 24PDJ060. Stipulation to Discipline. 8/6/2024.

People v. Magee.

No. 24PDJ063. Reciprocal Discipline. 8/8/2024.

People v. Khilji.

No. 24PDJ053. Stipulation to Discipline. 8/22/2024.

People v. Dean.

No. 24PDJ067. Reciprocal Discipline. 8/23/2024.

People v. Crosby.

No. 24PDJ068. Reciprocal Discipline. 8/23/2024.

People v. Bauer.

No. 24PDJ072. Reciprocal Discipline. 9/12/2024.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

United States v. Crosby.

Nos. 23-2155 & 23-2156. 10/23/2024. D.N.M. Judge McHugh. US Sentencing Guidelines—18 USC § 3553 Factors—Substantive Reasonableness of Sentence.

Estate of Hurtado v. Smith.

No. 23-1354. 10/22/2024. D.Colo. Judge Kelly. Eighth Amendment—Deliberate Indifference to Serious Medical Needs—Inference of Conscious Disregard—Summary Judgment.

United States v. Little.

No. 23-5077. 10/11/2024. N.D.Okla. Judge Ebel. Indian Country—State Jurisdiction to Investigate—Fourth Amendment—Fifth Amendment—Eighth Amendment—Probable Cause—Sufficiency of Evidence—Jury Instructions—Government’s Statements During Closing Argument.

United States v. Harper.

No. 23-5091. 10/3/2024. N.D.Okla. Judge Federico. Federal Jurisdiction—Crime in Indian Country—Definition of Indian Under Federal Law—Documentary Evidence—Authentication—Business Record.

MVT Services, LLC v. Great West Casualty Co.

No. 23-2070. 10/2/2024. D.N.M. Judge Carson. Workers’ Compensation and Employers’ Liability Policy—Policy Limits—Exclusive Remedy of Worker’s Compensation Benefits—Breach of Insurance Contract—Damages—Attorney Fees.

Free Speech Coalition, Inc. v. Anderson.

No. 23-4104. 10/1/2024. D.Utah. Judge Moritz. Eleventh Amendment Immunity—Ex Parte Young Exception—Connection With Challenged Statute’s Enforcement—First Amendment—Fourteenth Amendment.

People v. Abdul-Rahman.

2024 COA 118. No. 23CA0486. Parole Revocation Proceedings—State Board of Parole—Appeals to Board’s Appellate Body—Judicial Review.

Colorado Supreme Court: Colorado Judicial Ethics Advisory Board (CJEAB)

C.J.E.A.B. Advisory Opinion 2024-01 (Finalized and Effective October 29, 2024)

J.B. v. MKBS, LLC.

2024 COA 117. No. 23CA1415. Default—Codefendants—Entry of Clerk’s Default—Default Judgment—Relief from Judgment or Order—Excusable Neglect—Testimony of Non-Defaulting Codefendant.

In re Mercy Housing Management Group Inc. v. Bermudez.

2024 CO 68. No. 24SA163. Forcible Entry and Detainer—Jury Trials—Ejectment—CRS § 13-40-115—CRCP 338(a)—Pernell v. Southall Realty—Baumgartner v. Schey—Husar v. Larimer Cnty. Ct.—C.A.R. 21.

The Pool Company, Inc. v. MW Golden Constructors.

2024 COA 116. No. 24CA0262. Arbitration—Appeals.

Rios de Martinez v. Landaverde.

2024 COA 115. No. 24CA0192. Dissolution of Marriage—Real Property—Colorado Uniform Fraudulent Transfer Act—Civil Conspiracy—Spouse as Creditor.

McLellan v. Weiss.

2024 COA 114. No. 23CA1813. Award of Actual Costs and Fees After Offer of Settlement—Subsequent Statutory Offers.

Trinidad Area Health Association v. Trinidad Ambulance District.

2024 COA 113. No. 23CA0658. Special Districts—Service Plan Compliance—Declaratory Relief—Injunctive Relief.

In re Marriage of Nevedrova.

2024 COA 112. No. 23CA1278. Dissolution of Marriage—Property Disposition—Marital Property—Colorado Uniform Transfers to Minors Act.

People v. Hernandez-Escajeda.

2024 COA 111. No. 23CA0521. Appeals—Vacatur of Conviction That Results in Reduced Aggregate Sentence—Resentencing on Remand—District Court Discretion.

People v. Ramcharan.

2024 COA 110. No. 22CA0534. Unlawful Sexual Behavior—Evidence of History of False Reporting—Offer of Proof of Relevancy and Materiality—Contents of Affidavit—Jury Instruction on “Knowingly”—Requests for Substitute Counsel.

Norton v. Ruebel.

2024COA108. No. 23CA1030. Attorneys and Clients—Retaining Liens—Legal Malpractice—Discovery Dispute—Files in Attorney’s Possession—Summary Judgment.

In re Marriage of Pawelec.

2024 COA 107. No. 23CA0792 & 23CA2021. Dissolution of Marriage—Arbitration—De Novo Hearing—Appellate Jurisdiction—Child Support—Domestic Violence—Fees and Costs.

People v. d’Estree.

2024 COA 106. No. 22CA0237. Fourth Amendment—Searches and Seizures—Search Warrants—Brute Force Attack—Exclusionary Rule—Independent Source Exception—Inevitable Discovery Exception.

Rule Change 2024(18)

Colorado Rules of Professional Conduct: Rules 1.15A and 1.15B

Rule Change 2024(17)

Colorado Rules of Civil Procedure

Rule Change 2024(16)

Colorado Rules of Professional Conduct: Rules 5.4, 6.1, and 8.4

Rule Change 2024(15)

Colorado Rules for Traffic Infractions

Rule Change 2024(14)

Colorado Rules of Criminal Procedure

Masterpiece Cakeshop, Inc. v. Scardina.

2024 CO 67. No. 23SC116.

M.G. v. Armijo.

No. 23-2093. 9/17/2024. D.N.M. Judge Murphy. Medicaid—Medically Fragile Children—Provision of Private Duty Nursing Hours—Preliminary Injunction—Standing.

United States v. Ruiz.

No. 23-2027. 9/16/2024. D.N.M. Judge Baldock. Conspiracy to Possess With Intent to Distribute Methamphetamine—Possession With Intent to Distribute Methamphetamine—Importation of Methamphetamine—Aiding and Abetting—Photo Array Identification—Reliability—Motion to Suppress.

Chiles v. Salazar.

Nos. 22-1445 & 23-1002. 9/12/2024. Judge Rossman. Preliminary Injunction—Colorado’s Minor Conversion Therapy Law—First Amendment—Standing—Likelihood of Success on the Merits—Rational Basis Review.

United States v. Hicks.

No. 23-7017. 9/9/2024. E.D.Okla. Judge Baldock. Marijuana Business—Controlled Substances Act—Standing to Enforce Judgment—Judgment Enforcement Order.

United States v. Pena.

No. 23-2047. 9/5/2024. D.N.M. Judge Carson. Suspect’s Confession—Voluntariness—Fifth Amendment—Law Enforcement Conduct—Inducing a Minor to Engage in Sexual Activity—Inducing a Minor to Engage in Sexually Explicit Conduct to Produce a Visual Depiction.

Cuervo v. Sorenson.

No. 22-1387. 8/30/2024. D.Colo. Judge Carson. Motion to Dismiss—Documents Outside the Complaint—Search Warrant—Fourth Amendment—Qualified Immunity.

Notice of Public Hearing and Request for Comments

Rules Governing Admission to the Practice of Law in Colorado

Judicial Department Forms—October 2024

Klabon v. Travelers.

2024 CO 66. No. 23SA142. Workers’ Compensation—Automobile Insurance.

People v. Whittington.

2024 CO 65. No. 24SA150. Discovery—Criminal Procedure—Abuse of Discretion—Sanctions—Exclusion of Evidence.

Sellers v. People.

2024 CO 64. No. 22SC738. Felony Murder—Life Without the Possibility of Parole.

In re the Application for Water Rights of Lazy D Grazing Association.

2024 CO 63. No. 23SA258. Water Law—Expert Testimony—Nontributary Groundwater—Waters and Water Rights Subject to Appropriation—Statutory Interpretation—Presumptions and Burdens of Proof.

People v. Morris.

2024 COA 105. No. 22CA0923. Sentencing Discretion—Youthful Offender System—Diagnostic Evaluation—Revocation—Behavioral or Mental Health Disorder.

Arnold v. Brent.

2024 COA 104. No. 23CA1288. Quiet Title—Sale of Tax Liens—Treasurer’s Deed—Partition—Entire Piece of Property.

In re Marriage of Capparelli.

2024 COA 103. No. 23CA1114. Dissolution of Marriage—Property Disposition—Property Purchased During the Marriage—Marital Debt—Maintenance.

Peitz v. Industrial Claim Appeals Office.

2024 COA 102. No. 24CA0250. Workers’ Compensation Benefits—Workers’ Compensation Rule of Procedure 11-5—Division Independent Medical Examination—Scope of Evaluation—Issue Preclusion.

People v. Romero.

2024 CO 62. No. 22SC845. Batson Challenges—Step Three—Clear Error—Peremptory Challenges—CRS § 16-10-104—Batson v. Kentucky —People v. Beauvais—People v. Wilson

Bock v. People.

24 CO 61. No. 23SC97. Constructive Amendment—Standards of Review—Plain Error Review—Structural Error Review.

Hamilton v. Amazon.com Services LLC.

2024 CO 60. No. 24SA12. Holiday Incentive Pay—Regular Rate of Pay.

People v. Eugene.

2024 CO 59. No. 22SC952. Criminal Law—Illegally Obtained Evidence—Custodial Interrogation—Custody—Warnings.

Niemeyer v. People.

2024 CO 58. No. 23SC117. Criminal Law—Miranda—Custody.

People v. Lewis.

2024 CO 57. No. 24SA75. Postconviction Bail—Postconviction Bail Exceptions—CRS § 16-4-201.5(2)(a)—Colo. Const. Art. II, § 19—County Court Appeals—Crim. P. 37(f)—CRS § 16-2-114(6)—CRS § 16-4-204—Stays of Execution Pending Appeal—People v. Steen—Statutory Interpretation.

Rule Change 2024(13)

Colorado Rules of Civil Procedure: Rules 16 and 121 § 1-14; Form 28

People in Interest of Diaz.

2024 COA 101. No. 23CA1096. Colorado Uniform Guardianship and Protective Proceedings Act—Guardianship of Incapacitated Person—Court Visitor’s Report—Colorado Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act—Transfer of Guardianship or Conservatorship to Another State.

Franklin D. Azar & Associates P.C. v. Ngo.

2024 COA 99 & 100. Nos. 23CA0191 & 23CA0659. Attorneys and Clients—Colorado Rule of Professional Conduct 5.6(a)—Employment Agreements—Restrictions on Right to Practice—Restriction on Right to Practice After Termination.

Harris v. City Cycle Sales, Inc.

No. 23-3116. 8/20/2024. D.Kan. Judge Hartz. Kansas Consumer Protection Act Claims—Law-of-the-Case Doctrine—Abandonment of Claim—Negligence—Sufficiency of Evidence on Causation.

Unitednet Ltd. v. Tata Communications America, Inc.

No. 23-2057. 8/19/2024. D.N.M. Judge Moritz. Forum non Conveniens—Choice-of-Law Determination—Private- and Public- Interest Factors.

United States v. Capps.

No. 23-3095. 8/13/2024. D.Kan. Judge Hartz. Fraudulently Obtaining Federal Funds—Money Laundering—Jury Instructions.

United States v. Martinez-Espinoza.

Nos. 23-2139 & 23-2140. 8/2/2024. D.N.M. Judge Murphy. Reentry of a Removed Alien—Revocation of Supervised Release—Fed. R. Crim. P. 11(c)(1)(C)—Fed. R. Crim. P. 32.1(b).

Bartch v. Barch.

Nos. 23-1211 & 24-1049. 7/29/2024. D.Colo. Judge Matheson. Marijuana Business—Controlled Substances Act—Standing to Enforce Judgment—Judgment Enforcement Order.

United States v. Joseph.

No. 23-1192. 7/29/2024. D.Colo. Judge Murphy. CARES Act—COVID-19 Relief Programs—Embezzlement or Theft of Health Care Benefit Program Funds—Wire Fraud—Sufficiency of Evidence—Evidentiary Rulings—Jury Instructions—US Sentencing Guidelines.

Judicial Department Forms—September 2024

People v. Gillespie.

2024 COA 98. No. 22CA0897. Cruelty to Animals—Torture—Needlessly Kill—Fourth Amendment—Searches and Seizures—Warrantless Entry—Exigent Circumstances—Sufficiency of Evidence.

Bennett v. Colorado Department of Revenue.

2024 COA 97. No. 24CA0252. Administrative Law—Judicial Review of Agency Decision—Notice—Service of Process by Mail—Good Cause for Failure to Properly Serve.

Houser v. CenturyLink, Inc.

2024 COA 96. No. 23CA1214. Signing of Pleadings—Obligations of Parties and Attorneys—CRCP 11 Reasonable Inquiry—Pleading Grounded in Fact.

In re Marriage of Smith.

2024 COA 95. No. 22CA2182. Dissolution of Marriage—Property Disposition—Irrevocable Family Trust—Revocable Interest—Donative Third Party Instruments—Separate Property Character.

People v. Perez.

2024 COA 94. No. 22CA1805. Sixth Amendment Confrontation Clause—Recorded Jailhouse Phone Calls—Testimonial Statements—Jury Instruction on Provocation—Mistrial—Cumulative Error.

Solano v. Newman.

2024 COA 93. No. 23CA1406. Crim. P. 16—Discovery and Procedure Before Trial—Prosecutor’s Performance of Obligations—Flow of Information Between Investigative Personnel—Declaratory and Injunctive Relief.

In re Marriage of Humphries.

2024 COA 92. No. 22CA1327. Post-dissolution of Marriage Proceedings—Disputes Concerning Parenting Time—Modification of Decision-Making Responsibility—Parental Alienation—Civil Fines—Attorney Fees and Costs.

People v. Garcia.

2024 COA 91. No. 19CA1629. Judges—Actual Bias—Disqualification—Waiver of Claim.

Judicial Department Forms—August 2024

People v. Wells.

No. 24PDJ028. 6/5/2024. Stipulation to Discipline.

People v. Riegerix.

No. 23PDJ054. 6/7/2024. Stipulation to Discipline.

People v. Peterson.

No. 24PDJ043. 5/22/2024. Stipulation to Discipline.

People v. Moya.

No. 24PDJ036. 6/25/2024. Stipulation to Discipline.

People v. Mackenzie.

No. 23PDJ070. 5/29/2024. Stipulation to Discipline.

Howieson v. People.

No. 23PDJ042. 6/5/2024. Opinion Granting Reinstatement.

People v. Goldman.

No. 24PDJ023. 7/11/2024. Reciprocal Discipline.