Rule Change 2020(33) Colorado Rules of Civil Procedure

Chapter 25 Colorado Rules of County Court Civil Procedure Form 1a

People v. Garcia-Gonzalez.

2020 COA 166. No. 20CA0980.  Criminal Law—Cultivation of Marijuana—Land—Residential Property—Enclosed, Locked Space.

People v. Underhill Jr.

No. 20PDJ046. 9/17/2020. Order Dismissing Petition for Reinstatement.

People v. Park.

No. 19PDJ057. 9/4/2020. Opinion Imposing Sanctions.

People v. Efe. 

No. 19PDJ058. Opinion Imposing Sanctions—Attorney Suspended.

People v. Corry.

No. 20PDJ039. Conditional Admission of Misconduct—Attorney Suspended.

People v. Abrahamson Pirzadeh.

No. 20PDJ044. Conditional Admission of Misconduct—Attorney Suspended.

Galvan Sr. v. People.

2020 CO 82. No. 19SC460. Quantum of Proof Required for Jury Instruction on Exception to Affirmative Defense of Self-Defense—Provocation Exception to Affirmative Defense of Self-Defense—“Some Evidence”—“Another Person” in Provocation Jury Instruction—Hypothetical Questions Calling for Advisory Opinions—Party Presentation Principle.

People v. Lee.

2020 CO 81. No. 19SC749. Equal Protection—Second Degree Assault—Deadly Weapon Subsection—Strangulation Subsection.

United Water and Sanitation District v. Burlington Ditch Reservoir and Land Co.

2020 CO 80. No. 19SA150. Water Law—Intent as to Use of Water—Anti-Speculation Doctrine.

Rule Change 2020(32) Colorado Rules of Criminal Procedure

Rule 43. Presence of the Defendant

Brooktree Village Homeowners Association, Inc. v. Brooktree Village, LLC.

2020 COA 165. No. 19CA1635.  Construction Defects—Common Interest Communities—Standing—Implied Warranty—Successor Developer.

Walker v. Ford Motor Company.

2020 COA 164. No. 19CA1243.  Civil Litigation—Personal Injuries—Damages—Prejudgment and Postjudgment Interest—Appeal.

Cisneros v. Sheriff of El Paso County.

2020 COA 163. No. 19CA0546. False Imprisonment—Colorado Governmental Immunity Act—Waiver—Intentional Acts.

Notice of Public Hearing

Public Hearing to be Held Wednesday, February 10, 2021 at 3:30 P.M.

People v. Gregory.

2020 COA 162. No. 20CA0856.  Unauthorized Removal of an Electronic Monitoring Device while on Parole—Felony Escape—Prison Population Reduction and Management Act—Unauthorized Absence—Retroactive Application.

Montezuma Valley Irrigation Co. v. Board of County Commissioners of the County of Montezuma.

2020 COA 161. No. 19CA1588.  CRS § 43-5-305(1)—Obligation to Maintain and Replace a Culvert.

People v. Torline.

2020 COA 160. No. 18CA1156.  Constitutional Law—Marijuana—Freedom of Religion—Affirmative Defense.

People in the Interest of A.P.H.

2020 COA 159. No. 18CA0668. Juvenile Law—Delinquency—Magistrates—Petition for Direct Review—Jurisdiction.

People v. Session.

2020 COA 158. No. 14CA2083.  Criminal Law—Sixth Amendment—Right to Counsel—Habitual Criminal—Prior Convictions—Sentencing—Proportionality Review.

Begley v. Ireson.

2020 COA 157. No. 19CA1245. Summary Judgment—Litigation Privilege.

TABOR Foundation v. Colorado Department of Health Care Policy and Financing.

2020 COA 156. No. 19CA0621.  Taxpayer Bill of Rights—Taxpayer Standing—Individual Standing—Associational Standing—Jurisdiction.

Price v. Mountain Sleep Diagnostics, Inc.

2020 COA 155. No. 19CA0608. Colorado Revised Uniform Arbitration Act—Vacating Award—Fraud—Due Diligence.

People in the Interest of A.A. and E.A.

2020 COA 154. No. 19CA0328. Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Treatment Plan—Due Process—Visitation Services.

Gomez v. JP Trucking, Inc.

2020 COA 153. No. 17CA2384.  Labor and Employment Law—Wages—Overtime—Fair Labor Standards Act—Colorado Minimum Wage Order—Motor Carrier Act—Interstate Drivers.

Linnebur v. People.

2020 CO 79. No. 18SC884. Statutory Interpretation—Crimes—DUI—Prior Convictions.

People v. Williams.

2020 CO 78. No. 16SC391. Criminal Law—Evidence—Uncharged Misconduct—Relevance.

People in the Interest of G.C.M.M.

2020 COA 152. No. 19CA2326. Paternity—Jurisdiction—Child Custody—Allocation of Parental Responsibilities—Temporary Injunction—Uniform Parentage Act—Uniform Child-Custody Jurisdiction and Enforcement Act.

Teran v. Regional Transportation District.

2020 COA 151. No. 19CA1162. Negligence—Colorado Governmental Immunity Act—Waiver—Jury Instructions—Prejudgment Interest—Complaint.

People v. Oliver.

2020 COA 150. No. 17CA1127. Criminal Law—Constitutional Law—First Degree Murder—Intent—Deliberation—Fourth Amendment Search and Seizure—Investigatory Stop—Arrest.

Freirich v. Rabin.

2020 CO 77. No. 19SC86. Probate Law—Attorney-Client Privilege—Duty of Confidentiality—Personal Representative.

Notice of Request for Comments

Rules Governing Admission to the Practice of Law in Colorado Deadline for Comments: December 7, 2020 at 5 p.m.

Dunafon v. Krupa.

2020 COA 149. No. 19CA1344. Colorado Constitution—Independent Ethics Commission—Public Records—Colorado Open Records Act—Colorado Open Meetings Law—CRCP Rule 106—Amended Complaint. 

People v. Magana.

2020 COA 148. No. 17CA0807. Criminal Law—Arson—Prosecutorial Misconduct—Double Jeopardy—Unit of Prosecution—Criminal Mischief—Merger—Mandatory Sentences for Violent Crimes.    

Trudgian v. LM General Insurance Co.

2020 COA 147. No. 20CA0965. Motor Vehicle Registration Fees—CRS § 10-4-639(1).

State Farm Mutual Auto Insurance Co. v. Steul.

2020 COA 146. No. 19CA1325. CRCP 4(m)—CRCP 41(b)—Dismissal of Actions.

Smith v. Surgery Center at Lone Tree, LLC.

2020 COA 145. No. 19CA0186. Negligence—Negligence Per Se—Corporate Practice of Medicine Doctrine—Vicarious Liability.

Suydam v. LFI Fort Pierce, Inc.

2020 COA 144. No. 19CA0804. Employment Law—Going and Coming Rule—Jury Instruction—Voluntary Dismissal—Non-Party at Fault.

People v. Rice.

2020 COA 143. No. 19CA0014. Criminal Law—Restitution.

People v. Burgandine.

2020 COA 142. No. 18CA1072. Criminal Law—Stalking.

People v. Martinez.

2020 COA 141. No. 17CA1583. Criminal Law—Victim Impact Evidence—Prosecutorial Misconduct—Expert Testimony—Theory of Defense Instruction.

People v. Struckmeyer.

2020 CO 76. No. 19SC50. Mutually Exclusive Verdicts—Legally Consistent Verdicts—CRS § 18-1-503(3).

People v. Thatcher.

No. 20PDJ066. Disbarment.

People v. Swarts.

No. 20PDJ001. Disbarment.

People v. Krall.

No. 20PDJ045. Suspension.

People v. Hodgson.

No. 20PDJ024. Suspension.

Speidell v. United States.

No. 19-1214 to -1218. D.Colo. Judge Briscoe. IRS Enforcement Authority—Retail Marijuana—26 USC § 280E Tax Deduction Disallowance—Discrepancy Between Federal and State Law.

People v. Jackson.

2020 CO 75. No. 18SC607. Transferred Intent—Bad-Aim Cases—Mistaken-Identity Cases—Double Jeopardy.

People v. Rigsby.

2020 CO 74. No. 18SC923. Mutually Exclusive Verdicts—Legally Consistent Verdicts—CRS § 18-1-503(3)—Double Jeopardy—Multiplicity and Merger.

Barrett Corp. v. Lembke.

2020 CO 73. No. 18SC760. Statutory Interpretation—Special Districts—Land Use.

Thompson v. People.

2020 CO 72. No. 18SC543. Colorado Securities Act—Security—Plain Error—Consecutive Sentencing.

Gonzales v. People.

2020 CO 71. No. 19SC292. Authentication—Audio Recordings—Evidence.

Fisher v. People.

2020 CO 70. No. 19SC98. Criminal Procedure—Charging Instruments—Amendments to the Information.

People v. Manzanares Jr.

2020 COA 140. No. 16CA1941. Solicitation to Commit Retaliation—Solicitation to Commit Intimidation—Double Jeopardy—Evidence.

Hess v. Hobart.

2020 COA 139. No. 19CA0661. Real Property—Mineral Interests—Life Estate.

Lodge Properties, Inc. v. Eagle County Board of Equalization.

2020 COA 138. No. 19CA0266. Property Taxation—Intangible Asset—Condominium Net Income.

People v. Gilbert.

2020 COA 137. No. 18CA2050. Criminal Law—Mental Health Examination—Due Process—Right to Counsel of Choice—Disqualification of Judge.

People v. Black.

2020 COA 136. No. 17CA0317. Criminal Procedure—Jury Deliberations—Impasse—Jury Instructions.

Robledo v. Executive Director of the Colorado Dep’t of Corrections.

2020 COA 135. No. 19CA1903. Inmate Lawsuits—Filing Fees—In Forma Pauperis—CRS § 13-17.5-103(2)(b).

Woo v. El Paso County Sheriff’s Office.

2020 COA 134. No. 19CA1360. Colorado Governmental Immunity Act—Replevin—Due Process.

Bilderback v. McNabb.

2020 COA 133. No. 19CA1075. Sovereign Immunity—Colorado Governmental Immunity Act—Emergency Vehicle Exception—Trinity Hearing.

People v. Ehlebracht.

2020 COA 132. No. 18CA0224. Criminal Law—Sexually Violent Predator—Sex Offender Lifetime Supervision Act—Sentencing—Probation—Double Jeopardy.

Aubrey v. Koppes.

No. 19-1153. D.Colo. Judge Ebel. Americans with Disabilities Act—Reasonable Accommodation—Discrimination—Retaliation.

United States v. Delgado-Lopez.

No. 19-3113. D.Kan. Judge Lucero. US Sentencing Guidelines—Minor-Role Reduction—Clear Error—Incorrect Legal Standard.

United States v. Begay.

No. 19-2022. D.N.M. Judge Lucero. Federal and State Sentencing Disparities—Reasonableness of Sentences.

United States v. Channon.

Nos. 19-2028 & 19-2029. D.N.M. Judge Carson. Forfeiture—Restitution—Mandate—Evidentiary Hearing—Plain Error.

McCraw v. City of Oklahoma City.

No. 19-6008. W.D.Okla. Judge Lucero. First Amendment—Fourteenth Amendment Due Process—City Ordinance—Use of City Medians.

McDaniel v. Navient Solutions, LLC.

No. 18-1445. Bankr.D.Colo. Judge Holmes. Chapter 13 Bankruptcy—Res Judicata—Exceptions to Discharge of Debts—Student Loans.

People v. Ziankovich.

No. 19PDJ068. Suspension.

People v. Romo-Vejar.

No. 20PDJ033. Reciprocal Discipline—Public Censure.

People v. Mathews.

No. 20PDJ053. Suspension.

People v. Malouff Jr.

No. 20PDJ055. Public Censure.

People v. Kamada.

No. 20PDJ057. Disbarment.

People v. Enck.

No. 20PDJ056. Disbarment.

People v. Efe.

No. 18PDJ041 (consolidated with 19PDJ002). Suspension.

People v. Dawson.

No. 20PDJ061. Suspension.

People v. Barnes.

No. 19PDJ022. Reciprocal Discipline—Public Censure.

Rule Change 2020(29) Colorado Rules of Professional Conduct

Rule 7.5. Reserved

Rule Change 2020(29) Colorado Rules of Professional Conduct

Rule 7.4. Reserved

Rule Change 2020(29) Colorado Rules of Professional Conduct

Rule 7.3. Solicitation of Clients

Rule Change 2020(29) Colorado Rules of Professional Conduct

Rule 7.2. Communications Concerning a Lawyer’s Services: Specific Rules

Rule Change 2020(29) Colorado Rules of Professional Conduct

Rule 7.1. Communications Concerning a Lawyer’s Services

Rule Change 2020(28) Colorado Rules of Civil Procedure

Rule 403. Garnishment

Rule Change 2020(28) Colorado Rules of Civil Procedure

Rule 103. Garnishment

Sanderson v. Wyoming Highway Patrol.

No. 19-8025. D.Wyo. Judge Ebel. Title VII of the Civil Rights Act—Retaliation—Exhaustion of Administrative Remedies—Hostile Work Environment—Summary Judgment—Exclusion of Expert Witness Testimony.

United States v. Koch.

No. 19-8034. D.Wyo. Judge Murphy. Child Pornography Sentencing—Special Condition of Supervised Release—First Amendment—Plain Error.

United States v. Cruz.

No. 19-2127. D.N.M. Judge Briscoe. Fourth Amendment Search and Seizure—Motion to Suppress—Probable Cause—Warrantless Entry into Home—Exigent Circumstances.

Rule Change 2020(31) Rules Governing Contingent Fees

Chapter 23.3 Rules Governing Contingent Fees

Rule Change 2020(30) Colorado Rules of Professional Conduct

Rule 1.5. Fees

United States v. Abouselman.

No. 18-2164 & 2167. D.N.M. Judge Ebel. Pueblo Water Rights—Aboriginal Water Rights—Extinguishment By Sovereign Authority—Interlocutory Appeal.

United States v. Ansberry.

No. 19-1048. D.Colo. Judge McHugh. US Sentencing Guidelines—Substantial Risk of Death or Serious Bodily Injury—Attempted Use of a Weapon of Mass Destruction—Terrorism.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Ritchie v. Polis

2020 CO 69. No. 20SC453. Election Law.

SkyWest Airlines, Inc. v. Industrial Claim Appeals Office

2020 COA 131. No. 19CA1783. Workers’ Compensation—Scope of Employment—Personal Deviation—Travel Status Doctrine—Blood Sample.

Welch v. Colorado State Plumbing Board

2020 COA 130. No. 19CA1144. Plumbing Practice Act—Unconstitutionally Vague—CRS § 12-155-124—Supervision.

Morris v. Industrial Claim Appeals Office

2020 COA 129. No. 19CA1039. Workers’ Compensation—Division Sponsored Independent Medical Examination—Whole Person Impairment Rating—Issue Preclusion.

People v. Houser

2020 COA 128. No. 17CA0972. Criminal Procedure—Postconviction Remedies—Patronizing a Prostituted Child—Unconstitutionally Vague—Ineffective Assistance of Counsel.

Peabody Sage Creek Mining, LLC v. Colorado Dep’t of Public Health and Environment

2020 COA 127. No. 19CA0990. Final Agency Action—Water Quality Control Act—Subject Matter Jurisdiction.

Trujillo v. Vail Clinic, Inc.

2020 COA 126. No. 19CA0356. Expert Testimony—CRE 702—CRE 403.

Estate of Treviño

2020 COA 125. No. 19CA0199. Breach of Fiduciary Duty—Payable on Death Account—Collateral—Estate Funds.