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From the Courts

Colorado Court Case Summaries

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People in the Interest of E.W.

2022 COA 12. No. 20CA1724.  Termination of the Parent–Child Legal Relationship—Jurisdiction—Home State under the Uniform Child-custody Jurisdiction and Enforcement Act.

January 13, 2022

People v. Rodriguez.

2022 COA 11. No. 19CA0529. Traffic Stop—Evidence—Chain of Custody—Testimony—Authentication—Jury Instructions—Prosecutorial Misconduct.

January 13, 2022

People v. Gamboa-Jimenez.

2022 COA 10. No. 18CA1516. Evidence—Expert Testimony—Drug Courier Profile Testimony—Fourth Amendment—Investigatory Traffic Stop.

January 13, 2022

People in the Interest of B.H.

2022 COA 9. No. 21CA1604.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Post-Trial Motion—Tolling.

January 6, 2022

People in the Interest of E.B.

2022 COA 8. No. 21CA0346.  Dependency and Neglect—Termination of Parent–Child Legal Relationship—Continuance for Technical Difficulties.

January 6, 2022

Aurora Urban Renewal Authority v. PK Kaiser.

2022 COA 5. No. 20CA1162.  Municipal Law—Constitutional Standing—Political Subdivision Standing Doctrine—Prudential Standing—Public Improvements—Urban Renewal Law—Tax Increment Financing—Failure to Exhaust Administrative Remedies.

January 6, 2022

Hodge v. Matrix Group, Inc.

2022 COA 4. No. 20CA0746.  Civil Litigation—Damages—Lost Profits—Loss of Earning Capacity—S Corporation—Sole Owner—Discovery Sanctions.

January 6, 2022

People v. Johnson.

2022 COA 2. No. 19CA1713.  Ineffective Assistance of Counsel—Sixth Amendment—Right to Forgo a Defense.

January 6, 2022

People v. Strickler.

2022 COA 1. No. 18CA2334. Deadly Weapon—Arson—Crime of Violence—Sentence Enhancer—Attempted Criminal Mischief—Attempted First Degree Arson—Attempted Extreme Indifference Murder—Lesser Included Offense—Merger.

January 6, 2022

Pearson v. People.

2022 CO 4. No. 20SC463. Harassment—Self-Defense—Affirmative Defense.

January 10, 2022

People v.  Rau.

2022 CO 3. No.  20SC583. “Force Against Intruders” Statute—“Make My Day” Statute—CRS § 18-1-704.5—Immunity from Criminal Prosecution for Use of Deadly Physical Force—Justification and Exemptions from Criminal Responsibility—Affirmative Defenses—Dwelling—CRS § 18-1-901(3)(g).

January 10, 2022

Pettigrew v. People.

2022 CO 2. No. 20SC353. Jury Instructions—Reasonable Doubt—Constitutional Harmless Error.

January 10, 2022

Tibbels v. People.

2022 CO 1. No. 20SC22. Jury Instructions—Reasonable Doubt.

January 10, 2022

Hall v. Allstate Fire and Casualty Insurance Co.

No. 21-1040.  D.Colo. Judge Kelly. Underinsured Motorist Claim—Bad-Faith Claim—Summary Judgment—Failure to Cooperate Affirmative Defense—Material and Substantive Disadvantage Requirement.

December 13, 2021

United States v. Fernandez.

No. 20-2106.  D.N.M. Judge Hartz. Sufficiency of the Evidence—Fourth Amendment Search and Seizure—Waiver of Argument—Abandonment of Property—Agency—Due Process.

December 13, 2021

United States v. Benally.

No. 20-2157. D.N.M. Judge Briscoe. Involuntary Manslaughter in Indian Country—Mandatory Victim’s Restitution Act—Victim and Witness Protection Act—Plain Error Review.

December 13, 2021

Kerr v. Polis.

No. 17-1192. D.Colo. Judge Tymkovich. Colorado Taxpayer Bill of Rights—US Constitution’s Guarantee Clause—Colorado Enabling Act—Fed. R. Civ. P. 12(b)(1)—Fed. R. Civ. P. 12(b)(6).

December 13, 2021

United States v. Muhtorov.

No. 18-1366. D.Colo. Judge Matheson. Federal Intelligence Surveillance Act—§ 702 Warrantless Surveillance—Fourth Amendment—Separation of Powers—Discovery and Disclosure Requirements with Classified Information—Sixth Amendment Right to Speedy Trial.

December 6, 2021

Reznik v. inContact, Inc.

No. 21-4007. D.Utah. Judge Kelly. Title VII Retaliation—Motion to Dismiss for Failure to State a Claim—Subjective Good Faith Belief—Objectively Reasonable Belief—Test for Objective Reasonableness.

November 29, 2021

Rule Change 2021(25)

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

December 16, 2021

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

December 8, 2021

Thomas v. People.

2021 CO 84. No. 20SC236. Resisting Arrest—When Arrest is Effected—Rule of Lenity—Merger of Convictions—Habitual Criminal Adjudication and Sentencing—Reclassification of Predicate Offenses.

December 20, 2021

Hunsaker Jr. v. People.

2021 CO 83. No. 20SC360. Criminal Procedure—Postconviction Relief—Time for Filing—Correction of Illegal Sentence—Collateral Attack.

December 20, 2021

In re Viburg v. People.

2021 CO 81. No. 21SA153.  Driving While Intoxicated—Repeat Offenders—Double Jeopardy.

December 20, 2021

In re Marriage of Turilli.

2021 COA 151. No. 20CA1687.  Post-Dissolution Parenting Time Dispute—CRS § 14-10-129.5(4)—Attorney Fees.

December 16, 2021

Stackpool v. Department of Revenue.

2021 COA 150. No. 20CA1359.  Felony Driving Under the Influence—Driver’s License Revocation—Early Reinstatement—Interlock-Restricted License.

December 16, 2021

Nash v. Mikesell.

2021 COA 148. No. 20CA0929.  Jurisdiction—Taxpayer Standing—US Immigration and Customs Enforcement—Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

December 16, 2021

Rudnicki v. Bianco.

2021 CO 80. No. 19SC631. Pre-Majority Medical Expenses—Tortious Injuries to a Child—Common Law.

December 13, 2021

People v. Johnson.

2021 CO 79. No. 20SC790. Restitution—Statutory Interpretation—Common Law—Abatement.

December 13, 2021

LHM Corp. v. Martinez.

2021 CO 78. No. 20SC429. Attorney Fees—Final Judgments—Timeliness of Appeals.

December 13, 2021

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

December 8, 2021

In re Marriage of Stradtmann.

2021 COA 145. No. 20CA1536.  Retroactive Spousal Maintenance—Retroactive Child Support—Required Factual Findings.

December 2, 2021

BKP, Inc. v. Killmer, Lane & Newman, LLP.

2021 COA 144. No. 20CA0298.  Class Action—Press Conference—Press Release—Defamation—Intentional Interference with Contractual Relations—Litigation Privilege—Noerr-Pennington Doctrine—First Amendment.

December 2, 2021

Dream Finders Homes LLC v. Weyerhaeuser NR Co.

2021 COA 143. No. 20CA0002. Contracts—Warranty—Negligence—Negligent Misrepresentation—Fraudulent Concealment—Economic Loss Rule—Colorado Consumer Protection Act.

December 2, 2021

United States v. Benvie.

No. 20-2147.  D.N.M. Judge Kelly. Impersonating a Government Employee—Response to Jury Inquiry—Adequate Explanation for Special Conditions—Plain Error—Conflict Between Oral Order and Written Sentencing Order.

November 15, 2021

United States v. Wilson.

No. 19-7048. E.D.Okla. Judge Ebel. Methamphetamine Distribution—“Relevant Conduct” under Sentencing Guidelines—Personal Use Exclusion—Burden of Proof.

November 8, 2021

United States v. Lantis.

No. 20-8031.  D.Wyo. Judge Moritz. Disorderly Conduct Misdemeanor Charge—“Recklessness” Requirement—Subjective versus Objective Standard.

November 1, 2021

Adams v. C3 Pipeline Construction Inc.

No. 20-2055.  D.N.M. Judge Matheson. Sexual Harassment—Timeliness of Appeal—Employer versus Independent Contractor Determination—Joint Employer Doctrine—Motion for Discovery—Motion to Amend Pleadings—Premises Liability.

November 1, 2021

Crane v. Utah Department of Corrections.

No. 20-4032.  D.Utah. Judge McHugh. Eighth Amendment—Qualified Immunity—Americans with Disabilities Act—Rehabilitation Act—Supplemental State Law Claims.

October 18, 2021

Wesley v. Newland.

2021 COA 142. No. 20CA0649.  Civil Procedure—Joinder—Joint and Several Liability—Attorney Fees—Former Attorney.

November 24, 2021

People v. Veto.

No. 21PDJ074. 10/13/2021. Stipulation to Discipline.

October 2021

People v. Morrow.

No. 21PDJ026. 8/13/2021. Stipulation to Reciprocal Discipline.

August 2021

People v. Mann.

No. 21PDJ024. 10/6/2021. Conditional Admission of Misconduct.

October 2021

People v. Goodman.

No. 21PDJ068. 10/5/2021. Stipulation to Reciprocal Discipline.

October 2021

People v. Fragakis.

No. 21PDJ069. 10/5/2021. Stipulation to Reciprocal Discipline.

October 2021

In re Marriage of Evans.

2021 COA 141. No. 20CA1104.  Post-Dissolution Disposition of Property—Omitted or Misstated Asset—Child Support—Security for Child Support—Attorney Fees.

November 18, 2021

People v. Restrepo.

2021 COA 139. No. 20CA0224.  Search and Seizure—Drug Dog Sniff of Vehicle—Probable Cause.

November 18, 2021

People v. McCants.

2021 COA 138. No. 18CA0435.  Out-of-Court Photograph Identification—Reliability of Police Officer’s Identification.

November 18, 2021

Glover v. Serratoga Falls LLC.

2021 CO 77. No. 20SA278. Water Court—Subject Matter Jurisdiction—Ditch Easement Alteration—Attorney Fees.

November 15, 2021

Rocky Mountain Gun Owners v. Polis.

2021 COA 137. No. 20CA0997.  Colorado Constitution—Reading and Passage of Bills—Reading Clause—Nonjusticiable Political Question—Subject Matter Jurisdiction—Standing.

November 10, 2021

In re Estate of Dowdy.

2021 COA 136. No. 20CA1323.  Probate—Family Allowance—CRS § 15-11-404.

November 4, 2021

Johnson v. Department of Safety.

2021 COA 135. No. 19CA2041.  Career Service Personnel System—Disciplinary Process—Evidentiary and Ultimate Facts.

November 4, 2021

People v. Caime.

2021 COA 134. No. 18CA2423.  Res Gestae Evidence—Expert Testimony—Special Offender—Jury Instructions—Sentencing—Habitual Offender—Abbreviated Proportionality Review—Per Se Grave or Serious Offense.

November 4, 2021

People v. Taylor.

2021 COA 133. No. 18CA1410.  Felony Charges—Right to a 12-Member Jury.

November 4, 2021

People v. Weeks.

2021 CO 75. No. 20SC340. Restitution—CRS § 18-1.3-603—Statutory Interpretation—Procedural Deadlines—“Good Cause” to Extend Trial Court’s Deadline—“Extenuating Circumstances” to Extend Prosecution’s Deadline.

November 8, 2021

People v. Roddy.

2021 CO 74. No. 20SC491. Restitution—Statutory Interpretation—Procedural Deadlines—Plea Agreements.

November 8, 2021

People v. Delfeld.

2021 COA 131. No. 19CA1546.  Illegal Sentence—Protection Order—CRS § 18-1-1001(1).

October 28, 2021

People in the Interest of O.S-H.

2021 COA 130. No. 18CA1391.  Dependency and Neglect—Paternity Adjudication—Indian Child Welfare Act of 1978—Uniform Parentage Act.

October 28, 2021

Garcia v. Colorado Cab Co.

2021 COA 129. No. 17CA1381.  Negligence—Rescue Doctrine—Duty of Care—Proximate Cause.

October 28, 2021

Friends of Animals v. Bernhardt.

No. 20-1182.  D.Colo. Judge Ebel. Freedom of Information Act Exemptions 4, 6, and 7(C)—US Fish and Wildlife Service Declaration for Importation or Exportation of Fish and Wildlife—Inadmissible Hearsay—Summary Judgment Affidavit.

October 11, 2021

United States v. Hemmelgarn.

No. 20-4109.  D.Utah. Judge Tymkovich. Motion for Compassionate Release—Exhaustion of Administrative Remedies—COVID-19.

October 4, 2021

United States v. Kendall.

No. 19-1465.  D.Colo. Judge Ebel. Fourth Amendment—Motion to Suppress—Impoundment—Community Caretaking Doctrine—Scope of Inventory Search.

September 27, 2021

United States v. Egli.

No. 19-4140. D.Utah. Judge Ebel. Child Pornography Convictions—Revocation of Probation—Special Conditions of Supervised Release—Absolute Prohibition on Computer and Internet Use—18 USC § 3583(d)(2)—Waiver versus Forfeiture—Plain Error.

September 20, 2021

In the Interest of C.C-S.

2021 COA 127. No. 19CA0913. Safe2Tell—Fourth Amendment—Search and Seizure—Unreasonable Detention—Exclusionary Rule—Delinquency.

October 21, 2021

People v. Dorsey.

2021 COA 126. No. 18CA2333.  Failure to Register as a Sex Offender—Prior Convictions—CRS § 18-3-412.5.

October 21, 2021

People v. McKay.

2021 CO 72. No. 21SA238. Criminal Law—Searches and Seizures.

October 25, 2021

People v. Hall.

2021 CO 71. No. 20SC142. Trial by Court—Remarks of Judge—Requisites of Fair Trial.

October 18, 2021

Rule Change 2021(17)

Colorado Rules of Probate Procedure and Colorado Probate Code Forms Rule 57 Forms 910, 913, 914, 920, 921, 924, and 926

July 23, 2021

Rule Change 2021(15)

Colorado Code of Judicial Conduct Rules 1.2, 2.3, 2.12, and 2.15

June 3, 2021

United States v. Harris.

No. 20-8032. D.Wyo. Judge Tymkovich. Assimilative Crimes Act—National Parks—Federal Assault Statute.

August 23, 2021

VDARE Foundation v. City of Colorado Springs.

No. 20-1162.  D.Colo. Judge Phillips. First Amendment—Freedom of Speech—Freedom of Association—Retaliation—42 USC § 1983—State Action Nexus Test—Government Speech—Plausibility Pleading Standard.

August 23, 2021

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