From the Courts
Colorado Court Case Summaries
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.
October 2, 2025
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.
October 2, 2025
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.
October 2, 2025
Judicial Department Forms—October 2025
October 1, 2025
People v. Gregg.
2025 CO 57. No. 24SA272. Criminal Procedure—Statutory Construction—Habitual Criminal Sentencing—Double Jeopardy Clause.
September 29, 2025
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.
September 16, 2025
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.
September 9, 2025
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.
September 3, 2025
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.
September 3, 2025
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.
August 29, 2025
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.
August 25, 2025
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.
September 15, 2025
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.
September 15, 2025
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.
September 11, 2025
People v. Woo.
2025 COA 77. No. 24CA0268. Postconviction Remedies—Return of Seized Property—Final Appealable Order.
September 11, 2025
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
September 9, 2025
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.
September 8, 2025
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.
September 8, 2025
MetroPCS California, LLC v. City of Lakewood.
2025 CO 53. No. 24SA178. Colorado Taxpayer’s Bill of Rights—Business and Occupation Tax.
September 8, 2025
People v. Hudson.
2025 CO 52. No. 23SC942. Criminal Possession of a Financial Device—Statutory Construction.
September 8, 2025
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.
September 8, 2025
Hobbs v. City of Salida.
2025 CO 50. No. 23SC216. Noise Abatement Act—Statutory Interpretation—Public Health—Maximum Permissible Noise Levels—Preemption—Municipal Law.
September 8, 2025
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.
September 4, 2025
Judicial Department Forms—September 2025
September 2, 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.
August 28, 2025
LT Income, LLC v. Purnell.
2025 COA 74. No. 24CA1399. Property Tax—Redemption of Real Property of Person Under Disability—Treasurer’s Deed.
August 28, 2025
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.
August 28, 2025
Ortega v. Grisham.
No. 24-2121. 8/19/2025. D.N.M. Judge Tymkovich. Second Amendment—Firearm Purchases—Cooling Off Period—Preliminary Injunction.
August 19, 2025
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.
August 12, 2025
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.
August 8, 2025
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.
August 4, 2025
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.
August 1, 2025
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.
August 1, 2025
People v. Wilson.
No. 24PDJ085. 5/22/2025. Opinion Imposing Sanctions.
August 21, 2025
People v. Walters.
No. 25PDJ3. 7/15/2025. Opinion Approving Amended Stipulation to Discipline.
August 21, 2025
People v. Vanstrom.
No. 25PDJ45. 7/3/2025. Stipulation to Discipline.
August 21, 2025
People v. Pacheco-Van Voorhees.
No. 25PDJ46. 7/8/2025. Stipulation to Discipline.
August 21, 2025
People v. McKendree.
August 21, 2025
People v. Knight.
No. 25PDJ50. 7/22/2025. Reciprocal Discipline.
August 21, 2025
People v. Egbune.
No. 24PDJ081. 6/11/2025. Amended Opinion Imposing Sanctions.
August 21, 2025
People v. Bovo.
No. 24PDJ003. 5/7/2025. Opinion Imposing Sanctions.
August 21, 2025
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.
August 14, 2025
1046 Munras Properties, L.P. v. Kabod Coffee.
2025 COA 71. No. 24CA0934. Leased Premises—Contracts—Attorney Fees—Fee-Shifting Provisions—Fees-on-Fees.
August 7, 2025
Colorado Supreme Court: Colorado Judicial Ethics Advisory Board (CJEAB)
C.J.E.A.B. Advisory Opinion 2025-03 (Finalized and Effective August 12, 2025)
August 12, 2025
Judicial Department Forms—August 2025
August 4, 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.
July 31, 2025
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.
July 31, 2025
People v. Brennan.
2025 COA 68. No. 23CA1865. Unauthorized Use of a Financial Transaction Device—Identity Theft—Where Elements of Offense Occurred—State Jurisdiction.
July 24, 2025
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.
July 22, 2025
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.
July 21, 2025
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.
July 21, 2025
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.
July 8, 2025
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.
June 25, 2025
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.
June 25, 2025
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.
July 17, 2025
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.
July 10, 2025
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.
July 10, 2025
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
July 10, 2025
Notice of Public Hearing and Request for Comments
Rules Governing Admission to the Practice of Law in Colorado
July 10, 2025
Netflix, Inc. v. Department of Revenue.
2025 COA 64. No. 24CA1019. Sales Tax—Tangible Personal Property—Digital Goods—Internet Subscription Services.
July 3, 2025
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.
July 3, 2025
People v. Manzanares, Jr.
2025 COA 62. No. 22CA1024. Mandatory Protection Order—Constitutional Right of Familial Association—Legal Parent With Intact Parental Rights.
July 3, 2025
Judicial Department Forms—July 2025
July 2, 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)
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.
June 30, 2025
People v. Mills.
2025 CO 47. 24SA148. Seizure—Search—Search Warrant—Reasonable Delay—Suppression of Evidence—C.A.R. 4.1.
June 30, 2025
People v. Wiener.
No. 25PDJ16. 4/2/2025. Stipulation to Discipline.
June 27, 2025
People v. Tucker.
No. 25PDJ24. 4/11/2025. Stipulation to Discipline.
June 27, 2025
People v. Raykin.
No. 23PDJ046. 7/3/2024. Opinion Imposing Sanctions.
June 27, 2025
Park v. People.
No. 24PDJ071. 3/31/2025. Opinion Denying Reinstatement Under CRCP 242.39.
June 27, 2025
Menges v. People.
No. 25PDJ17. 4/22/2025. Stipulation to Reinstatement.
June 27, 2025
People v. Mattisson.
No. 25PDJ7. 3/18/2025. Stipulation to Discipline.
June 27, 2025
People v. Houton.
No. 25PDJ35. 5/16/2025. Stipulation to Discipline.
June 27, 2025
People v. Davis.
No. 25PDJ21. 4/10/2025. Stipulation to Discipline.
June 27, 2025
People v. Bauer.
No. 25PDJ29. 5/9/2025. Stipulation to Discipline.
June 27, 2025
People v. Barr.
No. 24PDJ033. 5/5/2025. Stipulation to Discipline.
June 27, 2025
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.
June 26, 2025
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.
June 18, 2025
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.
June 16, 2025
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.
June 11, 2025
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.
June 10, 2025
United States v. Nahkai.
No. 24-4058. 6/3/2025. D.Utah. Judge Kelly. Law Enforcement Interviews—Miranda Advisement—Custodial Interrogation—Motion to Suppress.
June 3, 2025
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.
May 28, 2025
Rios v. People.
2025 CO 46. No. 23SC571. Constitutional Law—Sixth Amendment—Right to Public Trial—Courtroom Closures—Waller Test.
June 23, 2025
People v. Bialas.
2025 CO 45. No. 23SC520. Constitutional Law—Sixth Amendment—Right to Public Trial—Courtroom Closures—Waller Test.
June 23, 2025
Randolph v. People.
2025 CO 44. No. 23SC167. Soliciting for Child Prostitution—CRS § 18-7-402—Mens Rea—Knowingly—Intentionally—CRS § 18-1-501—CRS § 18-1-503—People v. Emerterio—People v. Ross.
June 23, 2025
People v. Schnorenberg.
2025 CO 43. No. 23SC776. Securities Fraud—Evidence—Jury Instructions.
June 23, 2025
People v. Ray.
2025 CO 42. 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—Hearsay Exceptions—“Opening the Door”—Prosecutorial Misconduct—Presumption of Innocence—Rebuttal Argument—Harmless Error—Plain Error—Cumulative Error—Misconduct of or Affecting Jurors—Cruel and Unusual Punishment.
June 23, 2025
People v. Gallegos.
2025 CO 41. No. 23SC605. Criminal Law—Felony Murder—Raising the Affirmative Defense to Felony Murder.
June 23, 2025
Terra Management Group, LLC v. Keaten.
2025 CO 40. 23SC272. Sanctions—Spoliation—Adverse Inference—Causation—Duty to Preserve Evidence—Pending or Reasonably Foreseeable Litigation.
June 23, 2025
Sebastian Holdings, Inc. v. Johansson.
2025 COA 60. No. 24CA1175. Colorado Rules of Civil Procedure—Substituted Service—Due Diligence—Reasonably Calculated to Give Actual Notice—Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
June 18, 2025
Macomber v. Nations Roof, LLC.
2025 COA 59. No. 24CA1094. Landlords and Tenants—Colorado Premises Liability Act—Definition of Landowner—Amendment of Complaint.
June 18, 2025
People in the Interest of R.Z.
2025 COA 58. No. 24CA1009. Colorado Constitution—Due Process—Second Amendment—Right to Bear Arms—Care and Treatment of Persons With Mental Health Disorders—Certification for Short-Term Treatments—National Instant Criminal Background Check System.
June 18, 2025
Spectrum Retirement Communities, LLC v. Continental Casualty Co.
2025 COA 57. No. 24CA34. Insurance—COVID-19—Direct Physical Loss—Property Rendered Uninhabitable—Judgment on the Pleadings.
June 18, 2025
Cantafio v. Schnelle.
2025 CO 39. No. 24SC204. Malicious Prosecution—Probable Cause—Summary Judgment—Directed Verdict.
June 16, 2025
Colorado Education Association v. Colorado State Board of Education.
2025 COA 56. No. 24CA1085. Licensed Personnel Performance Evaluation Act—Performance Evaluation Ratings for Teachers—Process for Nonprobationary Teacher to Appeal Second Consecutive Performance Evaluation Rating of Ineffective or Partially Ineffective—Deference Accorded to Agency Interpretation of Its Statute—Burden of Proof.
June 12, 2025
People v. Sotade.
2025 CO 38. No. 25SA9. Colorado Criminal Justice Records Act—Statutory Interpretation—Venue—Ancillary Jurisdiction.
June 9, 2025
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