United States v. Yellowhorse.

No. 23-2011. 11/21/2023. D.N.M. Judge Bacharach. Admissibility of Out-of-Court Self-Incriminating Statements—Fed. R. Evid. 802 and 804(b)(3)—Hearsay Exception.

Stetson v. Edmonds.

No. 22-1285 & 23-1020. 11/15/2023. D.Colo. Judge Carson. Litigant Fraud and Deceit—Sanctions—Dismissal of Claims—Attorney Fees and Costs—Summary Judgment.

United States v. Taylor.

No. 22-6114. 11/14/2023. W.D.Okla. Judge Hartz. 18 USC § 922(g)—Guilty Plea—Waiver of Double Jeopardy Claim—Separate Possessions.

Estate of George v. City of Rifle.

No. 22-1355. 11/9/2023. D.Colo. Judge Briscoe. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.

United States v. Brown.

No. 22-6175. 11/7/2023. W.D.Okla. Judge Kelly. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.

Grubb v. DPX Enterprises.

No. 22-5073. 10/30/2023. N.D.Okla. Judge Hartz. Employment Agreement—Implied Duty of Good Faith and Fair Dealing—Breach of Contract—Partnership—Tort Claims.

Board of County Commissioners of Boulder County v. Crestone Peak Resources Operating LLC.

2023 CO 58. No. 21SC477. Construction of Oil and Gas Lease—Cessation of Production—Commercial Discovery Rule.

Tender Care Veterinary Center v. Lind-Barnett.

2023 COA 114. No. 22CA1611. Defamation—Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—Special Motion to Dismiss—Issue of Public Interest—Public Issue.

People v. Cooper.

2023 COA 113. No. 22CA0914. Postconviction Remedies—Retroactive Application of Changed Legal Standard—Constitutional Rule of Criminal Procedure.

People v. Poot-Baca.

2023 COA 112. No. 20CA1153. Identity Theft—Criminal Possession of a Financial Device—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses.

People v. Schaefer.

No. 23PDJ052. 10/13/2023. Stipulation to Discipline.

People v. Riley.

No. 23PDJ055. 10/13/2023. Stipulation to Discipline.

People v. Muscato.

No. 23PDJ057. 10/23/2023. Stipulation to Discipline.

People v. Merritt.

No. 23PDJ051. 9/27/2023. Reciprocal Discipline.

People v. Menges.

No. 23PDJ049. 9/25/2023. Stipulation to Discipline.

People v. Hartford.

No. 22PDJ011. 8/29/2023. Stipulation to Discipline.

People v. O’Connell Hart III.

No. 23PDJ034. 10/10/2023. Stipulation to Discipline.

People v. Buckley.

No. 23PDJ009. 9/26/2023. Opinion Imposing Sanctions.

People v. Blumenthal.

No. 22PDJ062. 9/28/2023. Stipulation to Discipline.

People v. Abrahamson Pirzadeh.

No. 23PDJ045. 9/27/2023. Stipulation to Discipline.

People v. Abrahamson Pirzadeh.

No. 21PDJ066. 9/27/2023. Revocation of Probation.

Nicola v. Grand Junction.

2023 COA 111. No. 22CA0656. Wrongful Death—Death of Person Under Disability—Survival Claims—One Civil Action Rule—Limitation on Damages.

People v. Mion.

2023 COA 110. No. 21CA1230. Affirmative Defenses—Involuntary Intoxication.

In re People in the Interest of Minor Children.

2023 CO 57. No. 23SA126. Dependency and& Neglect Proceedings—Attorney-Client Privilege—Privilege Log—In Camera Review.

Garcia v. Colorado Cab Co.

2023 CO 56. No. 21SC895. Torts—Negligence—Proximate Cause—Rescue Doctrine—Foreseeability—Issues of Law or Fact in General.

Perez v. By the Rockies, LLC.

2023 COA 109. No. 22CA1791. Colorado Wage Claim Act—Colorado Minimum Wage Act—Limitation of Actions—Recovery of Balance of Minimum Wage—General Six-Year Limitation of Actions.

Gresser v. Banner Health.

2023 COA 108. No. 22CA1502. Health Care Availability Act Liability Limit—Award in Excess of Limitation—Expert Testimony—Suggestion of Collusion.

Gebert v. Sears, Roebuck & Co.

2023 COA 107. No. 22CA0887. Personal Injury—Negligence—Vicarious Liability—Limitations on Damages for Noneconomic Loss or Injury—Seventh Amendment—Right to Civil Jury Trial.

People v. Mickey.

2023 COA 106. No. 21CA1407. Sentencing—Assessment of Restitution—Good Cause to Extend Trial Court’s Deadline—Harmless Error.

People v. Munoz-Diaz.

2023 COA 105. No. 21CA0886. Fifth Amendment—Fourteenth Amendment—Due Process—Voluntariness of Statements—Admission of DNA Evidence.

People v. Jones.

2023 COA 104. No. 20CA1568. Affirmative Defenses—Self-Defense—Use of Physical Force in Defense of a Person—Use of Deadly Physical Force Against an Intruder—Confrontation Clause—Prosecutorial Misconduct.

Rudnicki v. Bianco.

2023 COA 103. No. 22CA1246. Medical Malpractice—Pre-Majority Medical Expenses—Interest on Damages—Prejudgment Interest—Health Care Availability Act—Limitation of Liability—Law of the Case.

People v. Salazar.

2023 COA 102. No. 22CA0331. Jury Instructions—Sexual Assault on a Child by One in a Position of Trust—Statutory Elements—Knowingly—Position of Trust—CRE 404(a)—Testimony Regarding Probable Cause—Prosecutorial Misconduct.

Colorado Sun and Tegna, Inc. v. Brubaker.

2023 COA 101. No. 21CA1608. Colorado Open Records Act—Children’s Code—Reports of Child Abuse or Neglect—Identifying Information.

Request for Comments: Colorado Rules of Professional Conduct

Deadline to Submit Comments: January 10, 2024, at 4 p.m.

Puerta v. Newman.

2023 COA 100. No. 22CA2021. Remedies—Damages—Civil Action for Deprivation of Rights—Peace Officers—Standing.

Far Horizons, LLC v. Flying Dutchman Condominium Ass’n Inc.

2023 COA 99. No. 22CA1298. Colorado Common Interest Ownership Act—Enforcement—Attorney Fees.

People v. Bice.

2023 COA 98. No. 22CA0600. Level 1 Drug Felony—Conspiring to Sell or Distribute a Controlled Substance—Penalties for Criminal Conspiracy—Exceptions for Offense Levels Otherwise Provided by Law.

People v. Walthour.

2023 CO 55. No. 23SA125. Discovery—DUI—Trial Court Discretion.

Weld County Colorado Board of County Commissioners v. Ryan.

2023 CO 54. No. 22SC242. Jurisdictional Standing—Political Subdivision—Rule of Martin.

People v. Seymour.

2023 CO 53. No. 23SA12. Fourth Amendment—Searches and Seizures—Internet—Probable Cause—Expectation of Privacy—Possessory Interests—Particularity—Nexus—Warrants—Good Faith—First Amendment—Expressive Conduct.

Colorado State Board of Education v. Adams County School District 14.

2023 CO 52. No. 23SC61. Standing—Political Subdivision Doctrine—Local Government Law.

People v. Tanner.

2023 COA 97. No. 22CA2178. Careless Driving—Unit of Prosecution.

People v. Price.

2023 COA 96. No. 20CA1960. Patronizing a Prostituted Child—Pimping of a Child—Forgery—Colorado Organized Crime Control Act—Enterprise—Colorado Constitution, Article II—Equal Protection—Habitual Criminal Sentence Enhancer.

American Southwest Mortgage Corp. v. Continental Casualty Co.

Nos. 22-6071 & 22-6075. 10/16/2023. W.D.Okla. Judge Eid. Mortgage Loans—Negligent Audit Reports—Insurance Fraud—Interrelated Audit Reports—Interrelated Claims.

People v. Tice.

No. 23PDJ047. 9/15/2023. Opinion Imposing Sanctions.

People v. Romero.

No. 22PDJ025 (consolidated with 22PDJ048). 9/5/2023. Opinion Imposing Sanctions.

People v. Parker.

No. 22PDJ069. 9/1/2023. Stipulation to Discipline.

People v. O’Connell.

No. 23PDJ044. 8/30/2023. Stipulation to Discipline.

People v. Lowery-Graber.

No. 22PDJ051. 9/6/2023. Stipulation to Discipline.

People in the Interest of Ramsey.

2023 COA 95. No. 23CA1100. Treatment of Persons With Mental Health Disorders—Involuntary Medication Administration—Certification for Short-Term Treatment—Hearing Procedures—Medina Factors.

Dorsey v. People.

2023 CO 51. No. 21SC856. CRS § 18-3-412.5, Failure to Register as a Sex Offender—Recidivist Provision—Class 6→Class 5 Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.

Caswell v. People.

2023 CO 50. No. 21SC749. CRS § 18-9-202, Cruelty to Animals—Recidivist Provision—Misdemeanor→Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.

Wyoming Gun Owners v. Gray.

Nos. 22-8019 & 22-8021. 10/11/2023. D.Wyo. Judge Tymkovich. Wyoming Campaign Finance Law—42 USC § 1983—Vagueness Challenges—Pre-Enforcement Challenges—Functional-Equivalent Standard—Attorney Fees under 42 USC § 1988.

United States v. Nunez-Carranza.

No. 22-2100. 10/11/2023. D.N.M. Judge Ebel. Removal Proceedings—US Sentencing Guidelines—Section 3553(a) Sentencing Factors—Downward Variance Request—Sentencing Court’s Duty to Explain Sentencing Decision.

Farmers Insurance Exchange v. Kretzer.

2023 COA 94. No. 22CA1804. Motor Vehicles—Automobile Insurance Policies—Uninsured/Underinsured Coverage—Named Driver Exclusion.

Brookhart v. Reaman.

2023 COA 93. No. 22CA1119. Colorado Open Records Act—Allowance or Denial of Inspection—Library Records Disclosing the Identity of a User—Privacy of User Records.

People v. Mortenson.

2023 COA 92. No. 21CA1364. Aggravated Robbery—Theft—Entry of Conviction on Remand—Lesser Included Offenses.

People v. Hollis.

2023 COA 91. No. 20CA1746. Undercover Controlled Drug Buys—Restitution—Money Advanced by Law Enforcement Agencies—Extraordinary Public Investigative Costs.

United States v. Streett.

No. 22-2056. 10/5/2023. D.N.M. Judge Ebel. Search Warrant—Inevitable Discovery Doctrine—Probable Cause—Constitutionality of 18 USC § 2251(a).

Brayman v. KeyPoint Government Solutions, Inc.

Nos. 22-1118 & 22-1168. 10/3/2023. D.Colo. Judge Hartz. Arbitration Agreement—Fair Labor Standards Act—Class Action Lawsuit—Class Certification—State Law Claims—Fed. R. Civ. Proc. 23.

People in the Interest of C.D.P.

2023 COA 90. No. 22CA2074. Juvenile Court—Dependency and Neglect—Uniform Parentage Act—Psychological Parent.

In re Katherine E. Reece Trust.

2023 COA 89. No. 22CA1393. Trust Construction—Support and Maintenance—Standard of Living.

Anderson v. Senthilnathan.

2023 COA 88. No. 22CA0858. Defamation—Issue of Public Concern—Anti-SLAPP Statute—Special Motion to Dismiss.

Gonzales v. Hushen.

2023 COA 87. No. 22CA0696. Defamation—Intentional Infliction of Emotional Distress—Anti-SLAPP Statute—Special Motion to Dismiss—Quasi-Judicial Proceedings—Absolute Immunity—Title IX Investigations.

People v. C.H.

2023 COA 86. No. 21CA1136. Sealing Criminal Conviction and Criminal Justice Records—Sealing Criminal Justice Records Other Than Convictions—Deferred Judgments—Eighth Amendment.

Center for Biological Diversity v. US Environmental Protection Agency.

No. 22-9546. 9/18/2023. E.P.A. Judge Moritz. Administrative Procedure Act—Clean Air Act—40 CFR § 51.165—National Ambient Air Quality Standards—State Implementation Plan.

United States v. Coates.

No. 22-3122. 9/18/2023. D.Kan. Judge Murphy. Presentence Investigation Report—Pattern of Activity Sentence Enhancement—US Sentencing Guidelines Commentary.

Waetzig v. Halliburton Energy Services, Inc.

No. 22-1252. 9/11/2023. D.Colo. Judge Tymkovich. Jurisdiction to Reopen Case—Vacatur of Arbitration Award—Fed. R. Civ. Proc. 41(a)—Fed. R. Civ. Proc. 60(b).

United States v. Leon.

No. 22-1070. 9/11/2023. D.Colo. Judge Seymour. Traffic Stop—Reasonable Suspicion—Rodriguez Moment—Drug Trafficking.

United States v. Britt.

No. 22-7012. 8/31/2023. E.D.Okla. Judge Briscoe. Self-Defense Jury Instruction—Imperfect Self-Defense Jury Instruction—Appropriateness of Sanctions.

McAnulty v. McAnulty.

No. 22-1099. 8/28/2023. D.Colo. Judge Hartz. Dissolution of Marriage—Requirement to Obtain and Maintain Life Insurance for Former Spouse—Failure to Obtain and Maintain Policy—Unjust Enrichment—Constructive Trust—Restatement (Third) of Restitution and Unjust Enrichment.

United States v. Martinez.

No. 21-7054. 9/26/2023. E.D.Okla. Judge Rossman. Methamphetamine Distribution—US Sentencing Guidelines—Firearms Enhancement—Safety Valve Relief.

Edwards v. New Century Hospice, Inc.

2023 CO 49. No. 23SA91. Statutory Immunity—Principles of Statutory Interpretation—Definition of “Person.”

Request for Comments: Colorado Rules of Professional Conduct

Deadline to submit comments: December 15, 2023 at 4 p.m.

Notice of Public Hearing and Request for Comments: Colorado Rules of ICWA Procedures

Deadline to submit comments: November 30, 2023 at 4 p.m. Deadline to request to speak at public hearing: November 30, 2023 at 4 p.m.

South Conejos School District RE-10 v. Wold Architects Inc.

2023 COA 85. No. 23CA0595. Construction Law—Construction Defect Action Reform Act—Limitation of Actions—Accrual of Claims.

Tolle v. Steeland, LLC.

2023 COA 84. No. 22CA0790. Landlords and Tenants—Colorado Premises Liability Act—Contracts—Arbitration Clauses—Wrongful Death—Damages—Action Notwithstanding Death.

People v. Kennedy.

2023 COA 83. No. 21CA1203. Vehicular Homicide (DUI)—Eighth Amendment—Cruel and Unusual Punishment—Proportionality Review—Per Se Grave or Serious Offenses.

People v. Schnorenberg.

2023 COA 82. No. 19CA0223. Colorado Securities Act—Securities Fraud and Other Prohibited Conduct—Material Misstatements or Omissions—Fraudulent Course of Business—Advice of Counsel Defense—Hearsay—Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time—Jury Instructions.

People in the Int. of A-J.A.B. v. H.J.B.

2023 CO 48. No. 22SC670. Indian Child Welfare Act—Termination of Parental Rights—Dependency and Neglect—Notice Requirements—Due Diligence—Statutory Interpretation.

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

2023 CO 47. No. 21SC930. Litigation Privilege—Defamation—Statements of Counsel—Class Actions.

Medina v. People.

2023 CO 46. No. No. 21SC765. Criminal Procedure—Plea of Guilty—Constitutional Law—Due Process.

Andersen v. DelCore.

No. 22-1130. 8/18/2023. D.Colo. Judge Ebel. Suspected Child Abuse—Excessive Use of Force—Summary Judgment—Qualified Immunity.

United States v. Old Rock.

No. 22-4047. 8/11/2023. D.Utah. Judge Murphy. Pretrial Detainee—Use of Force—Qualified Immunity—Summary Judgment.

United States v. Canada.

No. 21-3202. 8/8/2023. D.Kan. Judge Carson. Warrantless Search—Protective Sweeps—Fourth Amendment Search and Seizure—Reasonable Suspicion.

Kazi v. KFC US, LLC.

No. 22-1017. 8/4/2023. D.Colo. Judge Hartz. Franchise Agreement— Breach of Implied Covenant of Good Faith and Fair Dealing—Kentucky Law.

United States v. Akers.

No. 21-3226. 8/4/2023. D.Kan. Judge Murphy. Chronic Abuse of the Court System—Frivolous Motions—Appropriateness of Sanctions.

Boulter v. Noble Energy Inc.

Nos. 21-1384 & 22-1170. 7/25/2023. D.Colo. Judge Carson. Colorado Oil and Gas Conservation Commission— Subject Matter Jurisdiction—Exhaustion of Administrative Remedies—Issue Preclusion— Change in Law—Unpublished Colorado Court of Appeals Opinion—Appellate Jurisdiction.

People in Interest of J.R.M.

2023 COA 81. No. 22CA1578. Juvenile Court—Trial by Jury or by the Court—Waiver of Statutory Right to Jury Trial.

Colorado Workers for Innovative and New Solutions v. Gherardini.

2023 COA 80. No. 22CA1260. State Administrative Procedure Act—Colorado Partnership for Quality Jobs and Services Act—Hearings and Determinations—Initial Decisions—Judicial Review—Final Agency Action—Colorado State Labor Relations Rules—Appeals of Coverage Decisions by the State Personnel Director.

Gomez v. Walker.

2023 COA 79. No. 22CA0463. Limitation of Actions—General Limitation of Actions Three Years—Computation of Time.

People v. Woodyard.

2023 COA 78. No. 19CA0376. Money Laundering—Colorado Organized Crime Control Act—Conspiracy—Fourth Amendment—Police Surveillance—Reasonable Expectation of Privacy.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Romney v. People.

No. 23PDJ018. 8/23/2023. Stipulation to Reinstatement.

People v. Kennedy.

No. 22PDJ063. 5/4/2023. Reciprocal Discipline.

People v. Cornejo.

No. 21PDJ085 (consolidated with Nos. 22PDJ026 and 22PDJ057). 6/13/2023. Opinion Imposing Sanctions.

Reynolds v. Great Northern Insurance Co.

2023 COA 77. No. 22CA1305. Insurance Companies—Required Disclosures—Penalty for Untimely Disclosures—One-Year Limitation of Actions for Any Penalty—Continuing Violation Doctrine.

Bertoia v. Denver Gateway.

2023 COA 76. No. 22CA1619. Lis Pendens—Spurious Document—Colorado Uniform Fraudulent Transfer Act—Supersedeas Bond—Mootness of Appeal.

People v. Bonde.

2023 COA 75. No. 21CA0137. Credit for Presentence Confinement—Community Corrections Programs—Credit Against Term of Confinement—Nonresidential Community Supervision.