Luethje v. Kyle.

No. 24-1257. 3/19/2025. D.Colo. Judge McHugh. Fourth Amendment—Unlawful Search—Warrantless Arrest—Excessive Force—Qualified Immunity—Use of Canine—Failure to Supervise.

Iron Bar Holdings, LLC v. Cape.

No. 23-8043. 3/18/2025. D.Wyo. Judge Tymkovich. Checkerboard Land Parcels—Trespass—Corner-Crossing—Unlawful Inclosures Act—Summary Judgment.

United States v. Gaye.

No. 23-1240. 3/10/2025. D.Colo. Judge Tymkovich. Search Warrant—Bullet Removed With Patient’s Consent—False Report of a Crime—Felon in Possession of a Firearm—Fourth Amendment—Motion to Suppress.

United States v. Norton.

No. 24-2059. 3/5/2025. D.N.M. Judge McHugh. DNA Evidence—Motion to Suppress—False Statement in Search Warrant Application—Fourth Amendment.

United States ex rel. Fiorisce, LLC v. Colorado Technical University, Inc.

No. 24-1047. 3/4/2025. D.Colo. Judge Matheson. Qui Tam Lawsuit—Appellate Jurisdiction—Collateral Source Doctrine—False Claims Act—Public Disclosure Bar—Motion to Dismiss.

United States v. Davis.

No. 24-5018. 2/25/2025. N.D.Okla. Judge Kelly. US Sentencing Guidelines § 4A1.2(c)(2)—Prior Conviction for Underage Drinking—Conviction Similar to a Juvenile Status Offense—Common Sense Approach to Similarity Analysis.

In re Raykin.

2025 CO 12. No. 24SA216. Colorado Rules of Professional Conduct—ABA Standards for Imposing Lawyer Sanctions—Court Rules Interpretation—Colo. RPC 4.4(a).

Martinez v. Cast, LLC.

2025 COA 32. No. 23CA1909. Landlords and Tenants—Colorado Premises Liability Act—Local Ordinances—International Fire Code—Smoke Alarms—Landowner.

Estate of Ross v. Public Service Co. of Colorado.

2025 COA 31. No. 23CA1537. Wrongful Death—Limitation on Damages—Felonious Killing Exception—Corporations—49 C.F.R. § 192.614.

People v. Rodriguez-Ortiz.

2025 COA 30. No. 22CA0224. Possession, Use, or Removal of Explosives or Incendiary Devices—Fourth Amendment—Searches and Seizures—Search Warrants—Probable Cause—Particularity—Expert Testimony—Sentencing.

Judicial Department Forms—March 2025

In re Marriage of Dale.

2025 COA 29. No. 24CA1065. Modification of Parenting Time—Restriction of Parenting Time—Quantitative Versus Qualitative Reduction.

Gilley v. Oviatt.

2025 COA 27. No. 23CA1950. Negligence—Damages—Past Medical Expenses—Substantial Evidence—Necessary and Reasonable Treatment Incurred as a Result of an Accident—Motion for Directed Verdict.

People v. Williams.

2025 COA 26. No. 23CA0484. Affirmative Defenses—Involuntary Intoxication—Lay Witness Testimony by Law Enforcement.

Request for Comments

Colorado Rules of Civil Procedure

In re People v. Silva-Jaquez.

2025 CO 11. No. 24SA234. Discovery—Inherent Authority—Post-Conviction Proceedings—People v. Kilgore—People v. Owens—Crim. P. 35(c)—C.A.R. 21.

Snedeker v. People.

2025 CO 10. No. 23SC511. Sentencing.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

November 1, 2024, through January 31, 2025

People v. Goldman.

No. 24PDJ088. 1/28/2025. Reciprocal Discipline.

People v. Fogler.

No. 25PDJ10. 2/14/2025. Stipulation to Discipline.

People v. Efe.

No. 23PDJ056.  11/7/2024. Opinion Imposing Sanctions.

People v. Baker.

No. 25PDJ8. 2/14/2025. Stipulation to Discipline.

People v. Rojas.

2025 COA 25. No. 23CA1350.  Appeals—Resentencing on Remand—Fifth Amendment—Double Jeopardy—Fourteenth Amendment—Due Process.

Schulz v. Laszlo & Associates, LLC.

2025 COA 24. No. 23CA0675. Civil Procedure—Attorney Fees—Tort Actions Dismissed Pursuant to CRCP 12(b)—Amended and Supplemental Pleadings—Amendments as a Matter of Course.

People v. Gray.

2025 COA 23. No. 23CA0085. Sixth Amendment—Confrontation Clause—Evidence—Witnesses—Cross-Examination—Probationary Status—Self-Defense Affirmative Defense.

People v. Trujillo.

2025 COA 22. No. 22CA1067.  Model Jury Instructions—Attempt to Commit Retaliation Against a Witness or Victim—Specific Intent as an Element of Liability—Sufficiency of Evidence—As-Applied Constitutional Challenge—Specific Intent.

Board of Governors of the Colorado State University v. Alderman.

2025 CO 9. No. 23SC565. Unjust Enrichment— Effect of Express Contract—Statutory or Legislative Law.

League of Women Voters of Greeley, Weld County, Inc. v. Board of County Commissioners.

2025 CO 8. No. 24SC394. Home Rule Counties—Colorado Constitution—Redistricting Statutes—Standing—Private Right of Action—County Commissioners—Redistricting Process—Elections—Election Maps.

United States v. Caldwell.

No. 24-3134. 2/19/2025. D.Kan. Judge Matheson. Sex Offender Registration and Notification Act—Failure to Register as a Sex Offender—Concurrent Offenses—US Sentencing Guidelines—Relevant Conduct—Criminal History Points.

United States v. Goldesberry.

No. 23-5008. 2/19/2025. N.D.Okla. Judge Rossman. Sexual Abuse in Indian Country—Sufficiency of Evidence—Equipoise Principle.

Works v. Byers.

No. 22-7054. 2/14/2025. E.D.Okla. Judge Carson. Sexual Conduct Involving Inmates—Eighth Amendment—Qualified Immunity—Jurisdiction to Review Factual Record De Novo.

Vincent v. Bondi.

No. 21-4121. 2/11/2025. D.Utah. Judge Bacharach. Second Amendment—18 USC § 922(g)(1)—Prohibition on Firearms Possession by Convicted Felons—Presumptive Lawfulness of Prohibition.

United States v. Bruce.

No. 23-7061. 1/28/2025. E.D.Okla. Judge Hartz. Sexual Abuse in Indian Country—Fed. R. Evid. 801(d)(1)(B)—Admissibility of Recorded Statements—Prior Consistent Statements—Structural Error.

Workman v. US Postal Service.

No. 24-2033. 1/28/2025. D.N.M. Judge Hartz. Fed. R. Civ. P. 27—Requirements for Perpetuating Testimony—Inability to Bring Lawsuit—Risk of Losing Testimony—Avoidance of Unnecessary Litigation.

Tracy v. Surofchek.

2025 COA 21. No. 24CA1058. Colorado Rules of Appellate Procedure—Costs on Appeal Taxable in the Trial Court—Premiums Paid for Supersedeas or Other Bond—Letters of Credit—C.A.R. 39—CRCP 121.

303 Beauty Bar LLC v. Division of Labor Standards and Statistics.

2025 COA 20. No. 24CA0548. Labor and Industry—Wages—Permitted Payroll Deductions—Goods or Services.

In re Estate of Schmier.

2025 COA 19. No. 24CA0261. Probate—Formal Closure of Testate Estate—Applicability of CRS §§ 15-12-1001 and -1002.

Campaign Integrity Watchdog LLC v. Colorado Secretary of State.

2025 COA 18. No. 24CA0128. Fair Campaign Practices Act—Campaign Finance Complaints—Investigation and Enforcement—Separation of Powers—Due Process.

Giron v. Hice.

2025 COA 17. No. 20CA1603. Colorado Governmental Immunity Act—Immunity and Partial Waiver—Emergency Vehicles.

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