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.

Levy v. People.

No. 24PDJ029. 10/17/2024. Stipulation to Reinstatement.

People v. Hurlbert.

No. 24PDJ012. 9/30/2024. Stipulation to Discipline.

People v. Heath.

No. 24PDJ078. 9/27/2024. Reciprocal Discipline.

People v. Goldman.

No. 24PDJ049. 8/30/2024. Reciprocal Discipline.

People v. Muscato.

No. 24PDJ047. Opinion Approving Stipulation to Discipline. 7/30/2024.

People v. Grewe.

No. 24PDJ044. Stipulation to Discipline. 8/29/2024.

People v. Wichern.

No. 23PDJ040. Stipulation to Discipline. 8/22/2024.

People v. Tice.

No. 24PDJ060. Stipulation to Discipline. 8/6/2024.

People v. Magee.

No. 24PDJ063. Reciprocal Discipline. 8/8/2024.

People v. Khilji.

No. 24PDJ053. Stipulation to Discipline. 8/22/2024.

People v. Dean.

No. 24PDJ067. Reciprocal Discipline. 8/22/2024.

People v. Crosby.

No. 24PDJ068. Reciprocal Discipline. 8/23/2024.

People v. Bauer.

No. 24PDJ072. Reciprocal Discipline. 9/12/2024.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

United States v. Crosby.

Nos. 23-2155 & 23-2156. 10/23/2024. D.N.M. Judge McHugh. US Sentencing Guidelines—18 USC § 3553 Factors—Substantive Reasonableness of Sentence.

Estate of Hurtado v. Smith.

No. 23-1354. 10/22/2024. D.Colo. Judge Kelly. Eighth Amendment—Deliberate Indifference to Serious Medical Needs—Inference of Conscious Disregard—Summary Judgment.

United States v. Little.

No. 23-5077. 10/11/2024. N.D.Okla. Judge Ebel. Indian Country—State Jurisdiction to Investigate—Fourth Amendment—Fifth Amendment—Eighth Amendment—Probable Cause—Sufficiency of Evidence—Jury Instructions—Government’s Statements During Closing Argument.

United States v. Harper.

No. 23-5091. 10/3/2024. N.D.Okla. Judge Federico. Federal Jurisdiction—Crime in Indian Country—Definition of Indian Under Federal Law—Documentary Evidence—Authentication—Business Record.

MVT Services, LLC v. Great West Casualty Co.

No. 23-2070. 10/2/2024. D.N.M. Judge Carson. Workers’ Compensation and Employers’ Liability Policy—Policy Limits—Exclusive Remedy of Worker’s Compensation Benefits—Breach of Insurance Contract—Damages—Attorney Fees.

Free Speech Coalition, Inc. v. Anderson.

No. 23-4104. 10/1/2024. D.Utah. Judge Moritz. Eleventh Amendment Immunity—Ex Parte Young Exception—Connection With Challenged Statute’s Enforcement—First Amendment—Fourteenth Amendment.

People v. Abdul-Rahman.

2024 COA 118. No. 23CA0486. Parole Revocation Proceedings—State Board of Parole—Appeals to Board’s Appellate Body—Judicial Review.

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

C.J.E.A.B. Advisory Opinion 2024-01 (Finalized and Effective October 29, 2024)

J.B. v. MKBS, LLC.

2024 COA 117. No. 23CA1415. Default—Codefendants—Entry of Clerk’s Default—Default Judgment—Relief from Judgment or Order—Excusable Neglect—Testimony of Non-Defaulting Codefendant.

In re Mercy Housing Management Group Inc. v. Bermudez.

2024 CO 68. No. 24SA163. Forcible Entry and Detainer—Jury Trials—Ejectment—CRS § 13-40-115—CRCP 338(a)—Pernell v. Southall Realty—Baumgartner v. Schey—Husar v. Larimer Cnty. Ct.—C.A.R. 21.

The Pool Company, Inc. v. MW Golden Constructors.

2024 COA 116. No. 24CA0262. Arbitration—Appeals.

Rios de Martinez v. Landaverde.

2024 COA 115. No. 24CA0192. Dissolution of Marriage—Real Property—Colorado Uniform Fraudulent Transfer Act—Civil Conspiracy—Spouse as Creditor.

McLellan v. Weiss.

2024 COA 114. No. 23CA1813. Award of Actual Costs and Fees After Offer of Settlement—Subsequent Statutory Offers.

Trinidad Area Health Association v. Trinidad Ambulance District.

2024 COA 113. No. 23CA0658. Special Districts—Service Plan Compliance—Declaratory Relief—Injunctive Relief.

In re Marriage of Nevedrova.

2024 COA 112. No. 23CA1278. Dissolution of Marriage—Property Disposition—Marital Property—Colorado Uniform Transfers to Minors Act.

People v. Hernandez-Escajeda.

2024 COA 111. No. 23CA0521. Appeals—Vacatur of Conviction That Results in Reduced Aggregate Sentence—Resentencing on Remand—District Court Discretion.

People v. Ramcharan.

2024 COA 110. No. 22CA0534. Unlawful Sexual Behavior—Evidence of History of False Reporting—Offer of Proof of Relevancy and Materiality—Contents of Affidavit—Jury Instruction on “Knowingly”—Requests for Substitute Counsel.

Norton v. Ruebel.

2024COA108. No. 23CA1030. Attorneys and Clients—Retaining Liens—Legal Malpractice—Discovery Dispute—Files in Attorney’s Possession—Summary Judgment.

In re Marriage of Pawelec.

2024 COA 107. No. 23CA0792 & 23CA2021. Dissolution of Marriage—Arbitration—De Novo Hearing—Appellate Jurisdiction—Child Support—Domestic Violence—Fees and Costs.

People v. d’Estree.

2024 COA 106. No. 22CA0237. Fourth Amendment—Searches and Seizures—Search Warrants—Brute Force Attack—Exclusionary Rule—Independent Source Exception—Inevitable Discovery Exception.

Rule Change 2024(18)

Colorado Rules of Professional Conduct: Rules 1.15A and 1.15B

Rule Change 2024(17)

Colorado Rules of Civil Procedure

Rule Change 2024(16)

Colorado Rules of Professional Conduct: Rules 5.4, 6.1, and 8.4

Rule Change 2024(15)

Colorado Rules for Traffic Infractions

Rule Change 2024(14)

Colorado Rules of Criminal Procedure

Masterpiece Cakeshop, Inc. v. Scardina.

2024 CO 67. No. 23SC116.

M.G. v. Armijo.

No. 23-2093. 9/17/2024. D.N.M. Judge Murphy. Medicaid—Medically Fragile Children—Provision of Private Duty Nursing Hours—Preliminary Injunction—Standing.

United States v. Ruiz.

No. 23-2027. 9/16/2024. D.N.M. Judge Baldock. Conspiracy to Possess With Intent to Distribute Methamphetamine—Possession With Intent to Distribute Methamphetamine—Importation of Methamphetamine—Aiding and Abetting—Photo Array Identification—Reliability—Motion to Suppress.

Chiles v. Salazar.

Nos. 22-1445 & 23-1002. 9/12/2024. Judge Rossman. Preliminary Injunction—Colorado’s Minor Conversion Therapy Law—First Amendment—Standing—Likelihood of Success on the Merits—Rational Basis Review.

United States v. Hicks.

No. 23-7017. 9/9/2024. E.D.Okla. Judge Baldock. Marijuana Business—Controlled Substances Act—Standing to Enforce Judgment—Judgment Enforcement Order.

United States v. Pena.

No. 23-2047. 9/5/2024. D.N.M. Judge Carson. Suspect’s Confession—Voluntariness—Fifth Amendment—Law Enforcement Conduct—Inducing a Minor to Engage in Sexual Activity—Inducing a Minor to Engage in Sexually Explicit Conduct to Produce a Visual Depiction.

Cuervo v. Sorenson.

No. 22-1387. 8/30/2024. D.Colo. Judge Carson. Motion to Dismiss—Documents Outside the Complaint—Search Warrant—Fourth Amendment—Qualified Immunity.

Notice of Public Hearing and Request for Comments

Rules Governing Admission to the Practice of Law in Colorado

Judicial Department Forms—October 2024

Klabon v. Travelers.

2024 CO 66. No. 23SA142. Workers’ Compensation—Automobile Insurance.

People v. Whittington.

2024 CO 65. No. 24SA150. Discovery—Criminal Procedure—Abuse of Discretion—Sanctions—Exclusion of Evidence.

Sellers v. People.

2024 CO 64. No. 22SC738. Felony Murder—Life Without the Possibility of Parole.

In re the Application for Water Rights of Lazy D Grazing Association.

2024 CO 63. No. 23SA258. Water Law—Expert Testimony—Nontributary Groundwater—Waters and Water Rights Subject to Appropriation—Statutory Interpretation—Presumptions and Burdens of Proof.

People v. Morris.

2024 COA 105. No. 22CA0923. Sentencing Discretion—Youthful Offender System—Diagnostic Evaluation—Revocation—Behavioral or Mental Health Disorder.

Arnold v. Brent.

2024 COA 104. No. 23CA1288. Quiet Title—Sale of Tax Liens—Treasurer’s Deed—Partition—Entire Piece of Property.

In re Marriage of Capparelli.

2024 COA 103. No. 23CA1114. Dissolution of Marriage—Property Disposition—Property Purchased During the Marriage—Marital Debt—Maintenance.

Peitz v. Industrial Claim Appeals Office.

2024 COA 102. No. 24CA0250. Workers’ Compensation Benefits—Workers’ Compensation Rule of Procedure 11-5—Division Independent Medical Examination—Scope of Evaluation—Issue Preclusion.

People v. Romero.

2024 CO 62. No. 22SC845. Batson Challenges—Step Three—Clear Error—Peremptory Challenges—CRS § 16-10-104—Batson v. Kentucky —People v. Beauvais—People v. Wilson

Bock v. People.

24 CO 61. No. 23SC97. Constructive Amendment—Standards of Review—Plain Error Review—Structural Error Review.