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From the Courts

Colorado Court Case Summaries

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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

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

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. 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

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

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. Mrachek.

No. 23PDJ065. 12/4/2023. 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

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

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

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

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

Johnson v. Bursek.

2024 CO 1. No. 22SC497. Rules of Professional Conduct—Public Policy—Sua Sponte Rulings.

January 16, 2024

Johnson v. McGrath.

2024 COA 5. No. 23CA0469. Inmate Lawsuits—In Forma Pauperis—Successive Claims—Imminent Danger of Serious Physical Injury—Court Findings.

January 11, 2024

People in the Interest of C.M.W.R.

2024 COA 4. No. 22CA0925. Juvenile Delinquency—Adjudicatory Proceedings—Speedy Trial Right—Continuance Granted Without Defendant’s Consent—Unavailability of Evidence Material to State’s Case.

January 11, 2024

United States v. Conley.

No. 22-5112. 12/22/2023. N.D.Okla. Judge Matheson. Bank Fraud—Aggravated Identity Theft—US Sentencing Guidelines—Loss Calculation—Factual Basis for Plea.

December 22, 2023

United States v. Martinez, Jr.

No. 22-1167. 12/20/2023. D.Colo. Judge Kelly. Drug Trafficking—Expert Testimony—First Amendment—Spontaneous Announcement During Trial—Jury Instruction.

December 20, 2023

United States v. Ramos.

No. 23-6071. 12/15/2023. W.D.Okla. Judge Murphy. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.

December 15, 2023

BP America Production Co. v. Haaland.

No. 22-8024. 12/6/2023. D.Wyo. Judge Phillips. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.

December 6, 2023

Ian C. v. UnitedHealthcare Insurance Co.

No. 22-4082. 12/5/2023. D.Utah. Judge Phillips. Employee Retirement Security Income Act—Mental Health and Substance Abuse Treatment—Benefits Denial—Arbitrary and Capricious Standard of Review.

December 5, 2023

In the Matter of Estate of Ybarra.

2024 COA 3. No. 23CA0124. Colorado Rules for Magistrates—Authority to Consider a Petition for Rehearing—Civil Appeals—Time for Filing Notice of Appeal—Excusable Neglect—Unique Circumstances Doctrine.

January 4, 2024

In re Marriage of Gonzalez Morales.

2024 COA 2. No. 22CA1867. Uniform Child-Custody Jurisdiction Enforcement Act—Warrant to Take Physical Custody of Child—Hague Convention on the Civil Aspects of Child Abduction—Patria Potestas

January 4, 2024

People v. Young.

2024 COA 1. No. 22CA1409. Vehicle and Traffic Regulation—Alcohol and Drug Offenses—Expressed Consent for the Taking of Blood, Breath, Urine, or Saliva—Extraordinary Circumstances.

January 4, 2024

Seaman v. Heather Gardens Ass’n.

2023 COA 125. Nos. 22CA2103 & 23CA0372. Colorado Common Interest Ownership Act—Unit Owners’ Association Records—Duty to Maintain and Allow Owner Inspection of Records

December 28, 2023

People v. Gonzalez-Quezada.

2023 COA 124. No. 21CA1229. Sixth Amendment—Right to Public Trial—Sufficiency of Evidence—Testimony—Fifth Amendment Rights—CRE 403—CRE 608(b)—Partial Courtroom Closure—Waller Test.

December 28, 2023

People v. Duncan.

2023 COA 122. No. 22CA1114. Provisions Applicable to Offenses Generally—Definitions—Serious Bodily Injury—Protracted—Sufficiency of Evidence—Prosecutorial Misconduct.

December 21, 2023

People v. Shockey.

2023 COA 121. No. 21CA0311. Special Interrogatories—Inconsistent Verdicts—Structural Error.

December 21, 2023

Anderson v. Griswold.

2023 CO 63. No. 23SA300. Election Law—Fourteenth Amendment—First Amendment—Political Questions—Hearsay.

December 19, 2023

People v. Sanders Jr.

2023 CO 62. No. 23SA187. Criminal Law—Custodial Interrogation—Miranda Warnings—Statements by Accused—Voluntariness of Statement—Evidence Wrongfully Obtained—Appellate Brief Defects.

December 18, 2023

In re People v. Tippet.

2023 CO 61. No. 23SA111. Discovery Prior to and Incident to Trial—Failure to Disclose; Sanctions—Power of Courts to Issue Particular Sanctions.

December 11, 2023

In re People in Interest of C.J.T.

2023 CO 60. Subject Matter Jurisdiction After Termination—Ability of Non-Party to Obtain Confidential Document in Case.

December 4, 2023

People v. Wells-Yates.

2023 COA 120. No. 21CA1147. Sentencing—Punishment for Habitual Criminals—Abbreviated Proportionality Review—Extended Proportionality Review—Gravity or Seriousness of Offenses.

December 14, 2023

People v. Gemelli.

2023 COA 119. No. 20CA1291. Sixth Amendment Right to Counsel—Waiver—Right to Self-Representation—Alleged Trial Court Errors—Prosecutorial Misconduct—Jail Official Interference—Court’s Response to Jury Question.

December 14, 2023

Sentinel Colorado v. Rodriguez.

2023 COA 118. No. 22CA1934. Administrative Law—Colorado Sunshine Act—Open Meetings Law—Attorney-Client Privilege.

December 7, 2023

People v. Zoller.

2023 COA 117. No. 22CA1612. Mandatory Protection Order—Modification Request—Due Process Clause—Fundamental Right to Parental Association.

December 7, 2023

In re Marriage of Goldstone.

2023 COA 116. Nos. 22CA0313 & 22CA0727. Dissolution of Marriage—Permanent Orders—Statutory Interest—Prejudgment Interest.

December 7, 2023

People v. Day.

2023 COA 115. No. 20CA1717. Insanity—Expert Mental Condition Evidence—Competency to Proceed—Cooperation with Competency Evaluator—Restitution.

December 7, 2023

United States v. Yellowhorse.

No. 23-2011. 11/21/2023. D.N.M. Judge Bacharach. Admissibility of Out-of-Court Self-Incriminating Statements—Fed. R. Evid. 802 and 804(b)(3)—Hearsay Exception.

December 5, 2023

Stetson v. Edmonds.

No. 22-1285 & 23-1020. 11/15/2023. D.Colo. Judge Carson. Litigant Fraud and Deceit—Sanctions—Dismissal of Claims—Attorney Fees and Costs—Summary Judgment.

November 15, 2023

United States v. Taylor.

No. 22-6114. 11/14/2023. W.D.Okla. Judge Hartz. 18 USC § 922(g)—Guilty Plea—Waiver of Double Jeopardy Claim—Separate Possessions.

November 14, 2023

Estate of George v. City of Rifle.

No. 22-1355. 11/9/2023. D.Colo. Judge Briscoe. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.

November 9, 2023

United States v. Brown.

No. 22-6175. 11/7/2023. W.D.Okla. Judge Kelly. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.

November 7, 2023

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