People in the Interest of L.E.R-N.

2025 COA 16. No. 23CA0059. Colorado Children’s Code—Delinquency Adjudications—Custodial Interrogations—Statements or Admissions—Presence of Parent, Guardian, or Legal or Physical Custodian—Prior Inconsistent Statements—Sufficiency of Evidence.

Frazee v. People.

2025 CO 7. No. 23SC85. Criminal Procedure—Miranda—Fifth Amendment—Agent of Law Enforcement.

Densmore v. People.

2025 CO 6. No. 23SC81. Criminal Procedure—Fifth Amendment—Miranda—Agent of Law Enforcement.

Franktown Citizens Coalition II, Inc. v. Independence Water and Sanitation District.

2025 CO 5. No. 23SA154. Not-Non-tributary Groundwater—Denver Basin—Augmentation Plan—Anti-speculation Doctrine—Denial of Motion for Summary Judgment—Injury.

People v. Morris.

2025 COA 15. No. 23CA1927. Stalking—First Amendment—Freedom of Speech—Defendant’s Actions—Sufficiency of Evidence.

People v. Mena.

2025 COA 14. No. 22CA0563. Colorado Constitution—Equal Protection—Sexual Assault on a Child—Unlawful Sexual Conduct—Inducement or Coercion of a Child—Victim Impact Evidence.

People v. Van Der Jagt.

No. 24PDJ054. 11/26/2024. Stipulation to Discipline.

People v. Slaughter.

No. 24PDJ089. 11/26/2024. Stipulation to Discipline.

People v. Scabavea.

No. 24PDJ034. 11/15/2024. Opinion Imposing Sanctions.

People v. Piccone.

No. 24PDJ007. 12/12/2024. Stipulation to Discipline.

People v. Oserow Rhodes.

No. 24PDJ035. 12/12/2024. Stipulation to Discipline.

People v. Meyers Byrnes.

No. 24PDJ040. 12/18/2024. Stipulation to Discipline.

People v. Louth.

No. 24PDJ057. 1/2/2025. Stipulation to Discipline.

People v. Krob.

No. 24PDJ056. 12/31/2024. Opinion Approving Stipulation to Discipline.

Jansen v. People.

No. 24PDJ025. 12/18/2024. Opinion Denying Reinstatement.

People v. English.

No. 23PDJ064. 10/22/2024. Opinion Imposing Sanctions.

People v. DeFranco.

No. 24PDJ093. 12/23/2024. Reciprocal Discipline.

People v. Choi.

No. 24PDJ019. 12/31/2024. Amended Opinion Imposing Sanctions.

People v. Carey.

No. 24PDJ092. 1/6/2025. Stipulation to Discipline.

People v. Pham.

2025 CO 4. No. 24SA225. Fourth Amendment—Traffic Stop—Probable Cause—Drug-Detection Dog.

Judicial Department Forms—February 2025

Independent Reservoir Co. v. Lichter.

2025 COA 13. No. 24CA0348. Attorneys and Clients—Ineffective Assistance of Counsel—Remedial and Punitive Sanctions for Contempt—Indirect Contempt—Limitations—Crim. P. 35(c)—CRCP 107—Motion for Reconsideration.

People v. Hill.

2025 COA 12. No. 24CA0347. First Degree Criminal Trespass—Unlawful Entry by Ruse, Trickery, or Deception—Judgment of Acquittal.

People in Interest of E.D.

2025 COA 11. No. 24CA0119. Dependency and Neglect—Termination of the Parent-Child Legal Relationship—Family Time Services—Family Time Upon Removal.

In re Marriage of Wiggs.

2025 COA 10. No. 23CA1561. Dissolution of Marriage—Permanent Protection Order—Sufficiency of Evidence—Final Appealable Order—Separate and Independent Relief.

People v. Ragsdal.

2025 COA 9. No. 22CA0606. Second Degree Burglary—Theft—Sentencing—Restitution—Losses Exceeding Monetary Limit of Charged Conduct.

Ass’n of Surgical Assistants v. National Board of Surgical Technology and Surgical Assisting.

No. 23-1344. 1/21/2025. D.Colo. Judge Tymkovich. Sherman Act Antitrust Violations—Requisite Market—Monopoly Power and Market Power—Conspiracy—Antitrust Injury.

United States v. Perez.

No. 24-3015. 1/17/2025. D.Kan. Judge Phillips. Conspiring to Possess With Intent to Distribute Methamphetamine—Miranda Warning—Waiver of Miranda Rights—Incriminating Statements—Cell Phone Contents—Motion to Suppress—Inevitable Discovery Doctrine.

United States v. Johnson.

Nos. 23-7047 & 23-7066. 1/16/2025. E.D.Okla. Judge Moritz. Restitution—Lost Income—Personal Consumption Deduction—Victim and Witness Protection Act—Payment Schedule.

Dixon v. State of Oklahoma.

No. 24-7016. 1/14/2025. E.D.Okla. Judge Matheson. Title VII Sex and Race Discrimination—Title VII Retaliation—Family and Medical Leave Act Retaliation—Prima Facie Case—Pretext—Economic Reality Test.

United States v. Ruiz, Jr.

No. 23-3172. 1/14/2025. D.Kan. Judge Rossman. US Sentencing Guidelines—Upward Departure—Plea Agreement on Sentencing.

Brown v. City of Tulsa.

No. 23-5133. 1/7/2025. N.D.Okla. Judge Federico. Government Employer—Social Media Policy—Employee Termination—First Amendment—Fourteenth Amendment—“Class of One” Claim—Fed. R. Civ. P. 12(b)(6).

Good Life Colorado, LLC v. WLCO, LLC.

2025 COA 8. No. 24CA0453. Attorneys and Clients—Colo. RPC 3.7(a)—Lawyer as Witness—Disqualification—Substantial Hardship Exception.

Notice of Public Hearing and Request for Comments

Colorado Rules of Family Procedure

Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society.

2025 CO 3. No. 24SA21. Habeas Corpus—Standing.

People v. Rodriguez-Morelos.

2025 CO 2. No. 22SC982. Identity Theft—Statutory Interpretation.

Warnick v. Court Administration of 1st Judicial District.

2025 COA 7. No. 24CA0576. Public Access to Information and Records Rule 2—Records in Related Proceeding—Denied Inspection of a Record—Petition to the District Court—Declaratory Relief.

Bullock v. Brooks.

2025 COA 6. No. 24CA0077. Civil Action for Deprivation of Rights—Peace Officers—Arrest—Probable Cause—Searches and Seizures—Warrantless Search Incident to Arrest—Municipal Ordinance—Constitutionality.

Hogue v. Hogue.

2025 COA 5. No. 23CA1837. Limited Liability Partnerships—Colorado Uniform Limited Partnership Act of 1981—Judicial Dissolution.

Jogan Health, LLC v. Scripps Media, Inc.

2025 COA 4. No. 23CA1713. Defamation—Anti-SLAPP Special Motion to Dismiss—Reasonable Likelihood Plaintiff Will Prevail—Ancillary Claims.

Galiant Homes, LLC v. Herlik.

2025 COA 3. No. 23CA1649. Creditors and Debtors—Breach of Contract—Unjust Enrichment—Mechanic’s Liens—Lien Statement—New or Amended Statements.

Coomer v. Salem Media of Colorado, Inc.

2025 COA 2. No. 23CA1235. Anti-SLAPP Special Motion to Dismiss—Defamation—Civil Conspiracy—Intentional Infliction of Emotional Distress—Respondeat Superior.

People v. Lockett.

2025 COA 1. No. 23CA0914. Sentencing—Restitution—Non-felony Conviction Under Title 42—Loss Uncompensated by Insurance Policy, Self-Insurance, Indemnity Agreement, or Risk Management Fund.

Notice of Public Hearing and Request for Comments

The Colorado Rules of Juvenile Procedure

Rule Change 2025(02)

The Colorado Appellate Rules: Rules 3.1, 3.4, 8.1, 9, 25, 27, 30, 39.1, 52, 53

Rule Change 2025(01)

Colorado Rules of Civil Procedure, Chapter 25 Colorado Rules of County Court Civil Procedure: Rules 304

Holcim U.S. Inc. v. Colorado Public Utilities Commission.

2025 CO 1. No. 24SA46. Utility Regulation—Just and Reasonable Rates.

United States v. Ness.

No. 23-7051. 12/31/2024. D.Okla. Judge Phillips. Jury Instructions—Pattern Instruction for “On or About”—Temporal Limit—Effect on Substantial Rights.

United States v. Harjo.

No. 23-7022. 12/17/2024. E.D.Okla. Judge Tymkovich. Aggravated Sexual Abuse in Indian Country—Major Crimes Act—Constitutionality—Fed. R. Evid. 414—Fed. R. Evid. 403.

Bertels v. Farm Bureau Property & Casualty Insurance Co.

No. 23-3276. 12/13/2024. D.Kan. Judge Hartz. Probate Proceedings—Settlement Agreement—Consideration—Assignment of Claims Against Insurer—Standing to Sue Insurer.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO v. Jones.

No. 23-3225. 12/5/2024. D.Kan. Judge Federico. Labor Unions—Financial Misconduct of Union President—Union Constitution—Disciplinary Proceedings—Due Process.

Smith v. Albany County School District No. 1 Board of Trustees.

No. 23-8072. 11/26/2024. D.Wyo. Judge Hartz. Government Regulations—COVID-19 Mask Mandate—Student Refusal to Comply With Mandate—First Amendment—Fourteenth Amendment—Standing—Injury in Fact.

United States v. Pinder.

No. 23-4154. 11/26/2024. D.Utah. Judge Rossman. Search Incident to Arrest—Fourth Amendment—Relevance to Crime of Arrest—Motion to Suppress.

Judicial Department Forms—January 2025

Gazette v. Bourgerie.

2024 CO 78. No. 23SC420. Open Records—Compliance With Disclosure Requests—Public Records Access—Statutory Interpretation.

Fear v. GEICO Casualty Co.

2024 CO 77. No. 23SC333. Insurance—Non-economic Damages—Underinsured Motorist Coverage.

People in the Interest of D.N.W.

2024 COA 129. No. 24CA1584. Involuntary Administration of Medication—Backup Medication—Sufficiency of Evidence.

Al-Hamim v. Star Hearthstone, LLC.

2024 COA 128. No. 24CA0190. Landlords and Tenants—Warranty of Habitability—Implied Covenant of Quiet Enjoyment—Artificial Intelligence—Generative AI Tools—Hallucinations—Appellate Briefs—Citation to Authorities—Sanctions for Noncompliance.

Rule Change 2024(21)

Colorado Rules of Civil Procedure, Chapter 25 Colorado Rules of County Court Civil Procedure: Rules 304 And 311

Rule Change 2024(20)

Colorado Rules of Civil Procedure: Rules 4, 11, And 121 §1-1

Rule Change 2024(19)

Colorado Licensed Legal Paraprofessional Rules of Professional Conduct: Rules 1.15B, 5.4, and 8.4

People v. Prendergast.

2024 COA 127. No. 23CA1917. Sealing of Criminal Conviction and Criminal Justice Records—Records Ineligible for Sealing—Sentencing for Class 1, 2, or 3 Felony or Level 1 Drug Felony Pursuant to Title 18.

Veolia Water Technologies, Inc. v. Antero Treatment LLC.

2024 COA 126. No. 23CA0897. Contracts Terms—Breach of Contract—Incorporation by Reference—Damages—Economic Loss Doctrine—Intentional Fraud.

Ward v. People.

2024 CO 76. No. 23SC328. Cruel and Unusual Punishment—Proportionality—Proportionality Review—Habitual Offenders and Career Criminals—Retroactive or Prospective Operation—Post-Conviction Relief—Sentence and Punishment—Reconsideration and Modification of Sentence—Time for Motion or Application—Time for Proceedings.

McDonald v. People.

2024 CO 75. No. 23SC381. Cruel and Unusual Punishment—Proportionality—Proportionality Review—Habitual Offenders and Career Criminals—Retroactive or Prospective Operation—Post-Conviction Relief—Sentence and Punishment.

Frisco Lot 3 LLC v. Giberson Limited Partnership, LLLP.

2024 COA 125. No. 22CA2219. Common Interest Communities—Common Interest Ownership Act—Homeowners Association—Planned Unit Development Designation—Colorado Rules of Appellate Procedure—Briefs in Cases Involving Multiple Appellants and Appellees.

People v. Werner.

No. 24PDJ062. 11/20/2024. Stipulation to Discipline

People v. Weber.

No. 24PDJ087. 11/15/2024. Stipulation to Discipline.

People v. Skinner.

No. 23PDJ074 (consolidated with 24PDJ058). 11/19/2024. Stipulation to Discipline.

Nottingham v. People.

No. 24PDJ009. 9/12/2024. Opinion Denying Readmission.

People v. Musselman.

No. 24PDJ083.11/19/2024. Stipulation to Discipline.

People v. Johnson.

No. 24PDJ031 (consolidated with 24PDJ045). 11/19/2024. Stipulation to Discipline.

People v. Fox.

No. 24PDJ070. 11/5/2024. Stipulation to Discipline.

People v. Abrams.

No. 23PDJ063 (consolidated with 24PDJ041). 11/14/2024. Stipulation to Discipline.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Archuleta v. Roane.

2024 CO 74. No. 23SC70. Government—Public Records—Colorado Open Records Act—Public Records Open to Inspection—Production and Exemption From Production of Records—Civil Procedure—Colorado Rules of Civil Procedure—Disclosure and Discovery.

People v. Barnett.

2024 CO 73. No. 24SA168. Fourth Amendment—Investigatory Stops—Searches and Seizures.

Matter of Woods.

2024 CO 72. No. 23SA323. Judicial Discipline—Retaliation—Intoxication.

United States v. Martinez.

Nos. 23-2193, 24-2002, and No. 24-2004. Miranda Advisement—Polygraph Test—Post-Polygraph Interview—Motion to Suppress Statements—Motion in Limine—Non-Hearsay Purpose.

Hafen v. Howell.

No. 23-4116. 11/15/2024. D.Utah. Judge Phillips. Ponzi Scheme—Utah Uniform Voidable Transactions Act—Ponzi Presumption—Recovery of Profits—Prejudgment Interest—Liability for Judgment—Sufficiency of Evidence.

Rocky Mountain Gun Owners v. Polis.

No. 23-1251. 11/5/2024. D.Colo. Judge Federico. Second Amendment—SB 23-169—Preliminary Injunction—Standing—Mootness—Business Record.

United States v. Tony.

No. 23-2110. 10/29/2024. D.N.M. Judge McHugh. US Sentencing Commission’s Guidelines Manual—US Sentencing Guidelines—Offense Level Calculation—Ambiguity—Rule of Lenity.

We the Patriots, Inc. v. Grisham.

Nos. 23-2166, 23-2167, and 23-2185. 10/28/2024. D.N.M. Judge Kelly. Executive Order—Preliminary Injunction—Second Amendment—Fourteenth Amendment—Appellate Jurisdiction—Mootness—Standing.

Judicial Department Forms—December 2024

Migoya v. Wheeler.

2024 COA 124. No. 23CA0995. Colorado Open Records Act—Personnel File Exception—Licensed Personnel Performance Evaluation Act—Disclosure of School District Personnel Records.

LTCPRO v. Johnson.

2024 COA 123. No. 24CA0321. Contracts—Effect of Integrated Agreement on Prior Agreements—Noncompetition Agreement—Merger Clause—Parol Evidence Rule—Preliminary Injunction.

Welcome to Realty, LLC 401k PSP v. Wilson.

2024 COA 122. No. 24CA0313. Homestead Exemption—Surviving Spouse and Minor Children—Sheriff’s Sale—Eviction.

Maldonado v. GeneDx, Inc.

2024 COA 121. No. 23CA2092. Health Care Availability Act—Limitation of Actions—Genetic Testing and Counseling—Genetic Disease or Disorder—Negligent Misrepresentation—Ordinary Standard of Care.

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.