Smith v. Terumo BCT, Inc.

2025 COA 85. No. 24CA1393. Class Actions—Jurisdiction—Standing—Injury-in-Fact—CRCP 15(a)—CRCP 60(b)(5).

Purgatory Recreation I, LLC v. United States.

No. 24-1241. 10/21/2025. D.Colo. Judge Ebel. Administrative Procedure Act—Declaratory Judgment Act—Quiet Title Act—Subsurface Mineral Rights—Subject Matter Jurisdiction—Lack of Prudential Ripeness.

United States v. Watkins.

No. 23-6210. 10/14/2025. W.D.Okla. Judge Hartz. Fourth Amendment—Felon in Possession of a Firearm—Felon in Possession of Ammunition—Curtilage of a Dwelling.

Jacobs v. Salt Lake City School District.

No. 23-4058. 10/9/2025. D.Utah. Judge Ebel. Educational Services for Children With Intellectual Disabilities—Individuals With Disabilities in Education Act—Americans With Disabilities Act—Section 504 of the Rehabilitation Act—Standing—Plausible Claim for Relief.

United States v. Tso.

No. 24-2081. 9/30/2025. D.N.M. Judge Federico. Sexual Abuse in Indian Country—Statute of Limitations—Categorical Approach Versus Case-Specific Analysis.

St. Mary Catholic Parish v. Roy.

No. 24-1267. 9/30/2025. D.Colo. Judge Federico. Public Funding for Preschools—Early Childhood Act—First Amendment—Nondiscrimination Requirement—Strict Scrutiny Versus Rational Basis Review.

United States v. Stacy.

No. 25-6029. 9/26/2025. W.D.Okla. Judge Phillips. Controlled Substances Act—State Medical Marijuana Laws—Federal Prosecution—Drug Conspiracy—Maintaining a Drug-Involved Premises.

People v. Fields.

2025 COA 84. No. 20CA1708. Sentencing—Punishment for Habitual Criminals—Jury’s Role—Uniform Mandatory Disposition of Detainers Act—Jury Instructions—Victim Impact Evidence.

Banner Health v. Gresser.

No. 23SC959. Medical Malpractice Damages—HCAA—Statutory Damages Cap—Grossly and Manifestly Excessive Damages—Jury’s Common Law Authority to Determine Damages—Remittitur—Statutory Interpretation.

Elken v. Bain.

2025 COA 83. No. 24CA0590. Assisted Reproduction—Pre-Embryos—Unmarried Parties—Factors for Weighing Parties’ Interests.

People in Interest of S.G.H.

2025 CO 59. No. 25SA29. Preliminary Hearing—Probable Cause—Sexual Exploitation of a Child—Possession of Sexually Exploitative Material—CRS § 18-6-403—Generative AI—2025 Statutory Amendments—Legislative Intent—Statutory History—Legislative History.

People in the Interest of Ferguson.

2025 COA 82. No. 25CA0905. Care and Treatment of Persons With Mental Health Disorders—Involuntary Medication Administration—Treatment Plan—Ineffective Assistance of Counsel.

The Sentinel Colorado v. Rodriguez.

2025 CO 58. No. 24SC51. Municipal, County, and Local Government—Attorney Fees—Attorney-Client Privilege.

Nesjan v. J & A Distributing, Inc.

2025 COA 81. No. 24CA1639. Limitation of Actions—General Two-Year Limitation—Three-Year Limitation for Tort Actions for Bodily Injury or Property Damage Arising Out of the Use or Operation of a Motor Vehicle.

Mosley v. Daves.

2025 COA 80. No. 24CA0079. Civil Action for Deprivation of Rights—Fourth Amendment—Searches and Seizures—Warrantless Search—Civil Jury Instructions—Affirmative Defenses.

People v. Conlon.

2025 COA 79. No. 22CA1402. Defendant’s Rights—Court Delay in Ruling on Discovery Motion—Speedy Trial—Prosecutorial Delay in Producing Documents—Constitutionality of CRS § 18-3-602(1)(c)—Sufficiency of Evidence.

Judicial Department Forms—October 2025

People v. Gregg.

2025 CO 57. No. 24SA272. Criminal Procedure—Statutory Construction—Habitual Criminal Sentencing—Double Jeopardy Clause.

United States v. Naranjo-Aguilar.

No. 24-7050. 9/16/2025. E.D.Okla. Judge Bacharach. US Sentencing Guidelines—Downward Variance for Minor Participant—Procedural and Substantive Reasonableness of Sentence.

True Oil, LLC v. Bureau of Land Management.

No. 23-8082. 9/9/2025. D.Wyo. Judge Ebel. Administrative Procedure Act—Declaratory Judgment Act—Quiet Title Act—Subsurface Mineral Rights—Subject Matter Jurisdiction.

United States v. Ogilvie.

No. 24-4089. 9/3/2025. D.Utah. Judge Phillips. Second Amendment—Possession of Weapons by a Restricted Person—18 USC § 922(n)—Facial Constitutionality of Statute—Historical Tradition of Firearm Regulation.

Scott v. Allen.

No. 24-1349. 9/3/2025. D.Colo. Judge Tymkovich. Service of Process on Law Enforcement—CRS § 18-9-313(2.7)—Pre-Enforcement Challenge to Statute—Standing—Injury-in-Fact—Ripeness.

Colorado Motor Carriers Ass’n v. Town of Vail.

Nos. 24-1017 & 24-1024. 8/29/2025. D.Colo. Judge Bacharach. Local Ordinance—Motor Carriers—Federal Aviation Administration Authorization Act—Safety Exceptions—Irreparable Harm—Delay in Seeking Relief—Preliminary Injunction.

United States v. Candelaria.

No. 24-2108. 8/25/2025. D.N.M. Judge Bacharach. Bank Fraud—Bank Robbery—Consent to Car Search—Fourth Amendment—US Sentencing Guidelines.

By the Rockies, LLC v. Perez.

2025 CO 56. No. 23SC956. Labor and Industry—Colorado Wage Claim Act—Limitation of Actions—Colorado Minimum Wage Act—Recovery of Balance of Minimum Wage—Courts and Court Procedures—General Limitation of Actions Six Years.

O’Connell v. Woodland Park School District.

2025 CO 55. No. 24SC34. Colorado’s Open Meetings Law—Purpose of Open Meetings Laws—Costs and Fees.

People in Interest of O.J.R.

2025 COA 78. No. 25CA0282. Dependency and Neglect—Interstate Compact on Placement of Children—Revised Interstate Compact on Placement of Children—Treatment Plan.

People v. Woo.

2025 COA 77. No. 24CA0268. Postconviction Remedies—Return of Seized Property—Final Appealable Order.

Judicial Discipline Rule-Making Committee

Notice of Rulemaking and Public Comment Hearing

Notice of Public Hearing and Request for Comments

Colorado Rules of Civil Procedure

Notice of Public Hearing and Request for Comments

Colorado Rules of Professional Conduct

People v. Ray.

2025 CO 42M. No. 10SA157. Res Gestae—Other Misconduct By Accused—Other Misconduct Showing Motive—Character of Accused—Impeachment Evidence—Character of Victim—Victim Impact Evidence—Victim Fear Evidence—In-Life Photographs—Hearsay—Excited Utterance Hearsay Exception—Then-Existing State of Mind or Body Hearsay Exception—“Catch-All” or Residual Hearsay Exception—“Opening the Door”—Prosecutorial Misconduct—Appeals to Sympathy or Prejudice—Appeals to Racial or Other Prejudice—Presumption of Innocence—Rebuttal Argument—Harmless Error—Plain Error—Cumulative Error—Misconduct of or Affecting Jurors—Considering Matters Not in Evidence—Extraneous Prejudicial Information—Separation of Powers—Judicial Powers and Functions—Encroachment on Executive—Pardon and Parole—Cruel and Unusual Punishment.

People v. Hollis.

2025 CO 54. No. 23SC834. Restitution—Money Advanced by Law Enforcement Agencies—Extraordinary Direct Public Investigative Costs—Buy Money—CRS § 18-1.3-602—People v. Juanda—Teague v. People.

MetroPCS California, LLC v. City of Lakewood.

2025 CO 53. No. 24SA178. Colorado Taxpayer’s Bill of Rights—Business and Occupation Tax.

People v. Hudson.

2025 CO 52. No. 23SC942. Criminal Possession of a Financial Device—Statutory Construction.

In re Stanley.

2025 CO 51. No. 24SA263. Attorney Discipline—Judicial Disqualification—Rules of Professional Conduct—Colo. RPC 5.l(b)—Colo. RPC 8.4(a)—Colo. RPC 8.4(d)—Attorney Sanctions.

Hobbs v. City of Salida.

2025 CO 50. No. 23SC216. Noise Abatement Act—Statutory Interpretation—Public Health—Maximum Permissible Noise Levels—Preemption—Municipal Law.

People in the Interest of A.F.

2025 COA 76. No. 25CA0033. Dependency and Neglect—Caseworker Expert Testimony—Findings Under People v. Shreck—CRE 702—Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time.

Judicial Department Forms—September 2025

In re Marriage of Clark.

2025 COA 75. No. 24CA1713. Dissolution of Marriage—Separation Agreement—Modification and Termination of Maintenance, Support, and Property Disposition—Remarriage.

LT Income, LLC v. Purnell.

2025 COA 74. No. 24CA1399. Property Tax—Redemption of Real Property of Person Under Disability—Treasurer’s Deed.

People v. Lopez.

2025 COA 73. No. 23CA0430. Assault in the First Degree—Plea Agreement—Eighth Amendment—Proportionality Review—Per Se Grave or Serious Offenses—Crim. P. 35(c)—Ineffective Assistance of Counsel.

Ortega v. Grisham.

No. 24-2121. 8/19/2025. D.N.M. Judge Tymkovich. Second Amendment—Firearm Purchases—Cooling Off Period—Preliminary Injunction.

United States v. Hardy.

No. 24-8006. 8/12/2025. D.Wyo. Judge Matheson. Conspiracy to Distribute Fentanyl—Admissibility of Coconspirator Statements—Defendant’s Presence at Hearing on Admissibility of Evidence—Fed. R. Evid. 404(b)—Calculation of Sentence Under US Sentencing Guidelines—Reliance on Hearsay Statements at Sentencing.

United States v. Guzman.

No. 24-2122. 8/8/2025. D.N.M. Judge Matheson. Permission to Stay on Property With Substandard Buildings—Felon in Possession of a Firearm—Reasonable Expectation of Privacy—Motion to Suppress—Fourth Amendment.

Hardy v. Rabie.

No. 24-1138. 8/4/2025. D.Colo. Judge Federico. Inmate Medical Emergency—Official’s Duty to Provide Medical Care—Qualified Immunity—Eighth Amendment—Deliberate Indifference—Substantial Risk of Serious Harm.

United States v. Summers.

No. 24-5030. 8/1/2025. N.D.Okla. Judge Tymkovich. Possession of Child Pornography—Sexual Abuse of a Minor—Prior Acts Evidence—Fed. R. Evid. 404(b)—Fed. R. Evid. 403—Limiting Instruction.

Waetzig v. Halliburton Energy Services, Inc.

No. 22-1252. 8/1/2025. D.Colo. Per Curiam. Automobile Liability Insurance—Coverage for Specified Vehicles—Summary Judgment.

People v. Wilson.

No. 24PDJ085. 5/22/2025. Opinion Imposing Sanctions.

People v. Walters.

No. 25PDJ3. 7/15/2025. Opinion Approving Amended Stipulation to Discipline.

People v. Vanstrom.

No. 25PDJ45. 7/3/2025. Stipulation to Discipline.

People v. Pacheco-Van Voorhees.

No. 25PDJ46. 7/8/2025. Stipulation to Discipline.

People v. McKendree.

People v. Knight.

No. 25PDJ50. 7/22/2025. Reciprocal Discipline.

People v. Egbune.

No. 24PDJ081. 6/11/2025. Amended Opinion Imposing Sanctions.

People v. Bovo.

No. 24PDJ003. 5/7/2025. Opinion Imposing Sanctions.

People v. Chronis.

2025 COA 72. No. 23CA1376. Sex Offender Registration—Petition for Removal From Registry—Lifetime Mandatory Registration—Adjudications as a Juvenile—Eighth Amendment—Cruel and Unusual Punishments—Ex Post Facto Clause—Applicable Expungement Statute.

1046 Munras Properties, L.P. v. Kabod Coffee.

2025 COA 71. No. 24CA0934. Leased Premises—Contracts—Attorney Fees—Fee-Shifting Provisions—Fees-on-Fees.

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

C.J.E.A.B. Advisory Opinion 2025-03 (Finalized and Effective August 12, 2025)

Judicial Department Forms—August 2025

Smith v. City and County of Denver.

2025 COA 70. No. 24CA0855. Colorado Governmental Immunity Act—Sovereign Immunity Bar—Interlocutory Appeal—Appeal Filed at Conclusion of Case—Emergency Vehicles—Vehicle Operator’s Conduct.

People v. Casper.

2025 COA 69. No. 21CA1104. Stalking—Harassment—Credible Threat—Mens Rea—Knowingly—First Amendment Freedom of Speech—True Threats—Sufficiency of Evidence—Merger of Convictions.

People v. Brennan.

2025 COA 68. No. 23CA1865. Unauthorized Use of a Financial Transaction Device—Identity Theft—Where Elements of Offense Occurred—State Jurisdiction.

United States v. Garcia-Limon.

No. 23-7055. 7/22/2025. E.D.Okla. Judge Eid. Aggravated Sexual Abuse of a Minor in Indian Country—Abusive Sexual Contact in Indian Country—Constitutional Sufficiency of Charging Document—Duplicitous Counts—Constructive Amendment of Indictment.

Jenny v. L3Harris Technologies, Inc.

No. 24-4032. 7/21/2025. D.Utah. Judge Moritz. Americans With Disabilities Act—Rehabilitation Act—Discrimination—Retaliation—Pretext—Summary Judgment.

United States v. Kay.

No. 24-4018. 7/21/2025. D.Utah. Judge Rossman. Road Rage Incident Involving Firearm—Unlawful Possession of a Firearm—US Sentencing Guideline § 3C1.1 Enhancement—Conduct Likely to Thwart an Investigation.

Berryman v. Niceta.

No. 23-1263. 7/8/2025. D.Colo. Judge Eid. Sexual Abuse Allegations—Child Abuse Caseworker—Qualified Immunity—Absolute Testimonial Immunity—Motion to Dismiss.

United States v. Butler.

No. 24-3061. 6/25/2025. D.Kan. Judge Kelly. Forcible Assault of a Federal Officer—Use of a Firearm in Furtherance of a Crime of Violence—Jury Instructions—Impeachment Evidence—Prior Unsworn Inconsistent Statement.

Scott v. Nationwide Agribusiness Insurance Co.

No. 24-1358. 6/25/2025. D.Colo. Judge Kelly. Automobile Liability Insurance—Coverage for Specified Vehicles—Summary Judgment.

People v. Valles.

2025 COA 67. No. 24CA0164. Crim. P. 43(e)(4)—Defendant’s Presence at Sentencing Hearing—Interactive Audiovisual or Audio Device—Advisements—Right to Appear in Person.

Ion Media Networks, Inc. v. West.

2025 COA 66. No. 24CA1416. Enhance Law Enforcement Integrity Act—Body Worn Camera Footage—Substantial Privacy Concerns—Blurring of Footage—Juvenile Code.

Mountain Coal Co. v. Water Quality Control Division of the Colorado Department of Public Health and Environment.

2025 COA 65. No. 24CA0907. Public Health and Environment—Colorado Water Quality Control Act—Colorado Discharge Permit System—Stormwater Discharge Permits—Overburden Contamination—Uncontaminated Stormwater Runoff—Burden of Proof at Administrative Hearing.

Notice of Public Hearing and Request for Comments

Rules Governing Lawyer Discipline and Disability Proceedings, Protective Appointment of Counsel, Continuing Legal and Judicial Education, Attorneys’ Fund for Client Protection, and Lawyer Assistance Programs

Notice of Public Hearing and Request for Comments

Rules Governing Admission to the Practice of Law in Colorado

Netflix, Inc. v. Department of Revenue.

2025 COA 64. No. 24CA1019. Sales Tax—Tangible Personal Property—Digital Goods—Internet Subscription Services.

Baker v. Safadi-Chamberlain.

2025 COA 63. No. 24CA0848. Water and Irrigation—Rights-of-Way and Ditches—Extent of Right-of Way—CRS § 37-86-103.

People v. Manzanares, Jr.

2025 COA 62. No. 22CA1024. Mandatory Protection Order—Constitutional Right of Familial Association—Legal Parent With Intact Parental Rights.

Judicial Department Forms—July 2025

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

C.J.E.A.B. Advisory Opinion 2025-02 (Finalized and Effective July 1, 2025)

People in Interest of Kay.W.

2025 CO 48. No. 24SC621. Dependency and Neglect Proceedings—Adjudicatory Trials—Jury Demand—Jury Waiver—Failure to Appear—Timeliness of Renewing Jury Demand—CRS § 19-3-202—Colo. R. Juv. P. 4.3—CRCP 39—Default Judgment.

People v. Mills.

2025 CO 47. 24SA148. Seizure—Search—Search Warrant—Reasonable Delay—Suppression of Evidence—C.A.R. 4.1.

People v. Wiener.

No. 25PDJ16. 4/2/2025. Stipulation to Discipline.

People v. Tucker.

No. 25PDJ24. 4/11/2025. Stipulation to Discipline.

People v. Raykin.

No. 23PDJ046. 7/3/2024. Opinion Imposing Sanctions.

Park v. People.

No. 24PDJ071. 3/31/2025. Opinion Denying Reinstatement Under CRCP 242.39.

Menges v. People.

No. 25PDJ17. 4/22/2025. Stipulation to Reinstatement.

People v. Mattisson.

No. 25PDJ7. 3/18/2025. Stipulation to Discipline.

People v. Houton.

No. 25PDJ35. 5/16/2025. Stipulation to Discipline.

People v. Davis.

No. 25PDJ21. 4/10/2025. Stipulation to Discipline.

People v. Bauer.

No. 25PDJ29. 5/9/2025. Stipulation to Discipline.

People v. Barr.

No. 24PDJ033. 5/5/2025. Stipulation to Discipline.

People v. Rodriguez-Ortiz.

2025 COA 61. No. 22CA0224. Possession, Use, or Removal of Explosives or Incendiary Devices—Fourth Amendment—Searches and Seizures—Search Warrants—Probable Cause—Particularity—Expert Testimony—Crime of Violence Sentence Enhancer—Consecutive Versus Concurrent Sentencing.

Coomer v. Make Your Life Epic, LLC.

No. 24-1390. 6/18/2025. D.Colo. Per Curiam. Nonparty Subpoena for Deposition—Failure to Comply With Subpoena—Contempt Order—Jurisdiction Over Interlocutory Appeal—Waiver of Appellate Arguments.

United States v. Chavarria.

No. 23-2102. 6/16/2025. D.N.M. Judge Tymkovich. Federal Kidnapping Statute—Motor Vehicle—“Instrumentality of Interstate Commerce”—Federal Jurisdiction.

Gabaldon v. New Mexico State Police.

No. 24-2104. 6/11/2025. D.N.M. Judge Carson. Traffic Stop—Reasonable Suspicion—Discovery—Deposition Testimony—Sham Affidavit—Spoliation of Evidence—Summary Judgment.

United States v. Cortez.

No. 23-2177. 6/10/2025. D.N.M. Judge Baldock. Reentry of a Removed Alien—Multiple Criminal Convictions—Recent and Serious Criminal Misconduct—Sentencing—Upward Departure From US Sentencing Guidelines.

United States v. Nahkai.

No. 24-4058. 6/3/2025. D.Utah. Judge Kelly. Law Enforcement Interviews—Miranda Advisement—Custodial Interrogation—Motion to Suppress.

Cruz v. City of Deming.

No. 24-2091. 5/28/2025. D.N.M. Judge Tymkovich. Use of Force—Reasonableness—Qualified Immunity—New Mexico Tort Claims Act.

Rios v. People.

2025 CO 46. No. 23SC571. Constitutional Law—Sixth Amendment—Right to Public Trial—Courtroom Closures—Waller Test.

People v. Bialas.

2025 CO 45. No. 23SC520. Constitutional Law—Sixth Amendment—Right to Public Trial—Courtroom Closures—Waller Test.