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From the Courts

Colorado Court Case Summaries

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People v. Hernandez.

2021 CO 45. No. 20SA322. Accused’s Right to Confront Witnesses—Mode of Testifying—Equal Protection.

June 7, 2021

In re Abrams.

2021 CO 44. No. 20SA81. First Amendment—Colo. RPC 8.4(g).

June 7, 2021

People v. Lavadie.

2021 CO 42. No. 20SC251. Constitutional Law—Sixth Amendment—Right to Self-Representation.

June 7, 2021

People v. Mosely.

2021 CO 41. No. 19SC819.  Jury Unanimity—Self-Defense—Due Process.

June 7, 2021

DePriest v. People.

2021 CO 40. No. 20SC438. Grounds for Dismissal—Mootness—Collateral Consequences.

June 1, 2021

People in Interest of B.H.

2021 CO 39. No. 20SC498. Dependency and Neglect—Termination of Parental Rights—Uniform Child-Custody Jurisdiction and Enforcement Act—Right to Counsel in Termination Proceedings—Elimination of Less Drastic Alternatives to Termination.

June 1, 2021

People in Interest of S.A.G.

2021 CO 38. No. 20SC314. Dependency and Neglect—Termination of Parental Rights—Uniform Child-Custody Jurisdiction and Enforcement Act.

June 1, 2021

People in Interest of E.S.

2021 COA 79.  Dependency and Neglect—Visitation—Treatment Plan—Termination of Parental Rights.

June 3, 2021

People v. Williamson.

2021 COA 77. No. 19CA0879. Sexually Violent Predator—Sexually Violent Predator Assessment Screening Instrument—Due Process—Prior Sex Offense Conviction—Cruel and Unusual Punishment.

June 3, 2021

No. 20-1025. United States v. Crooks.

D.Colo. Judge Tymkovich. First Step Act of 2018—Fair Sentencing Act of 2010—Motion for Sentence Reduction—Covered Offense—US Sentencing Guidelines—Career Offender Status.

May 17, 2021

No. 20-7013. Huff v. Reeves.

E.D.Okla. Judge Hartz. 42 USC § 1983—Summary Judgment—Fourth Amendment—Fourteenth Amendment—Qualified Immunity—Failure to Adequately Train.

May 10, 2021

No. 20-3042. United States v. Carter.

D.Kan. Judge Bacharach. Investigation into US Attorney’s Office—Sixth Amendment—Jurisdiction—Issue Preclusion—Prudential Ripeness—Mootness.

May 3, 2021

No. 19-1432. United States v. Venezia.

D.Colo. Judge Briscoe. Fourth Amendment—Vehicle Impoundment—Warrant Exceptions—Standardized Criteria—Community Caretaking Exception.

May 3, 2021

People v. Tauger.

No. 21PDJ016. 4/5/2021. Conditional Admission of Misconduct—Attorney Disbarred.

May 2021

People v. Finn.

No. 21PDJ021. 4/19/2021. Conditional Admission of Misconduct—Attorney Suspended.

May 2021

People v. Johnson.

2021 CO 35. No. 20SC6. Searches, Seizures, and Arrests—Competency of Impeachment Evidence—Necessity and Scope of Proof.

May 24, 2021

People in Interest of K.C.

2021 CO 33. No. 20SC533. Juvenile Court—Termination of Parent-Child Legal Relationship—Indian Child Welfare Act—Eligibility for Tribal Citizenship.

May 24, 2021

People v. Alemayehu.

2021 COA 69. No. 17CA1911.  Fourth Amendment—Search and Seizure—Warrantless Search—Plain View Exception—Custodial Interrogation—Miranda—Prosecutorial Misconduct.

May 20, 2021

In re People v. Nunez.

2021 CO 31. No. 20SA324. Criminal Law—Constitutional Law—Speedy Trial.

May 17, 2021

People v. Baker.

2021 CO 29. No.19SC975. Criminal Justice—Securities Regulation—Expert Witness Testimony.

May 10, 2021

Lawrence v. People.

2021 CO 28. No. 19SC556.  Criminal Justice—Securities Regulation—Fraud and Theft—Expert Witness Testimony.

May 10, 2021

In the Matter of Gunkel.

2021 CO 30. No. 20SA409. Imposition of Discipline for Violating Duties of a County Court Judge.

May 13, 2021

People in Interest of S.M.

2021 COA 64. No. 20CA1524.  Dependency and Neglect—Racial Bias—CRCP 60(b)—Termination of Parental Rights.

May 6, 2021

In re Estate of Everhart.

2021 COA 63. No. 19CA2081.  Informal Probate—Formal Probate—Motion to Dismiss—CRCP 12(b)(5)—Testamentary Capacity—Undue Influence.

May 6, 2021

People v. Ambrose.

2021 COA 62. No. 18CA1557.  Driving While Ability Impaired—Reasonable Suspicion—Traffic Stop—Juror Challenge for Cause—Elements of Felony Offense—Sentence Enhancer—Intoxilyzer 9000—Expert Testimony—Constitutional Law—Confrontation Clause.

May 6, 2021

People v. Moore.

2021 CO 26. No. 20SA293. Not Guilty by Reason of Insanity Plea—Expert Mental Condition Evidence—Self-Defense.

May 4, 2021

Ibrahim v. Alliance for Sustainable Energy, LLC.

No. 20-1131.  D.Colo. Judge Bacharach. Employment Discrimination Claim—Title VII—Race Discrimination—Religion Discrimination—Gender Discrimination—Summary Judgment.

April 19, 2021

United States v. Robinson.

No. 19-1256.  D.Colo. Judge Carson. Attempted Sex Trafficking of a Minor—Sufficiency of the Evidence—Entrapment Jury Instruction—Confidential Source—Expert Testimony—Exhibits—Cumulative Error.

March 29, 2021

United States v. McGee.

No. 20-5047.  N.D.Okla. Judge Briscoe. First Step Act of 2018—Compassionate Release Statute—Motion for Sentence Reduction—Statutory Interpretation.

March 29, 2021

United States v. Perez-Perez.

No. 19-2154.  D.N.M. Judge Ebel. Alien in Possession of a Firearm—Failure to Advise of all Elements—Plain Error Review—Reasonable Probability of Entering Plea in Absence of Error.

March 29, 2021

Frasier v. Evans.

No. 19-1015. D.Colo. Judge Holmes. First Amendment Right to Record Police Officers—Retaliation Claim—Conspiracy Claim—Qualified Immunity.

March 29, 2021

People v. Parks.

2021 COA 61. No. 21CA0428.  Criminal Procedure—Service of Papers—Computation and Extension of Time.

April 29, 2021

Walker Commercial, Inc. v. Brown.

2021 COA 60. No. 20CA0205.  CRCP 106(a)(4)—Subject Matter Jurisdiction—Time Limitations—CRCP 106(b)—Excusable Neglect.

April 29, 2021

Pilmenstein v. Wallace.

2021 COA 59. No. 19CA2051. Employment Law—Employee Rest Periods—Colorado Minimum Wage Orders—Minimum Wage Act—Private Right of Action—Monetary Damages—Willful Violation—Accrual Date—Class Action Certification.

April 29, 2021

People v. Dyson.

2021 COA 57. No. 19CA0459.  Criminal Law—Sentencing—Restitution.

April 29, 2021

People in the Interest of K.L.W.

2021 COA 56. No. 20CA1387. Presumption of Parentage—Three Legal Parents—Dependency and Neglect—Uniform Parentage Act.

April 22, 2021

Coyle v. State.

2021 COA 54. No. 19CA1465. Criminal Law—Conviction—Reversed on Appeal—Colorado’s Exoneration Act—Actual Innocence—Legal Error.

April 22, 2021

People v. Grant.

2021 COA 53. No. 18CA1139. Criminal Law—Evidence—Disclosure by Prosecution—Inculpatory Statement—Opinion Testimony—Other Crimes.

April 22, 2021

People v. Battigalli-Ansell.

2021 COA 52. No. 18CA0899. Criminal Law—Internet Luring of a Child—Internet Sexual Exploitation of a Child—Expert Testimony—Relevance—Due Process—Subpoena Duces Tecum—In Camera Review.

April 22, 2021

People v. Liggett.

2021 COA 51. No. 14CA2506. Criminal Law—First Degree Murder—Not Guilty by Reason of Insanity—Privilege—Waiver—Miranda—Separation of Powers—Fifth Amendment—Constitution.

April 22, 2021

People v. Vidauri.

2021 CO 25. No. 19SC933. Theft—Public Benefits—Burden of Proof.

April 19, 2021

In the Matter of Chase.

2021 CO 23. No. 21SA91. Imposition of Discipline for Violating Duties of a District Court Judge.

April 16, 2021

People v. Archuleta.

2021 COA 49. No. 18CA0407. Juror Misconduct—Motion for New Trial—CRE 606(b).

April 15, 2021

People v. Murphy.

2021 CO 22. No. 19SC409. Opinion Evidence—Matters of Common Knowledge or Observation.

April 12, 2021

Gill v. Waltz.

2021 CO 21. No.19SA174. Workers’ Compensation—Subrogation—Collateral Source Doctrine.

April 12, 2021

Compos v. People.

2021 CO 19. No. 20SC143. Miranda Warnings—Routine Booking Question Exception—New Crime Exception—Party Presentation Principle.

April 12, 2021

People v. Hines.

2021 COA 45. No. 17CA0143.  Criminal Law—Human Trafficking for Sexual Servitude—Pimping—Pandering—Uniform Mandatory Disposition of Detainers Act—Evidence—Modified Unanimity Instruction—Continuing Course of Conduct—Sentencing.

April 8, 2021

Johnson v. Toohey.

2021 COA 43. No. 19CA2125.  Inmate Lawsuits—“Civil Action”—Filing Fees—Colorado Governmental Immunity Act—CRS § 13-17.5-102(1).

April 1, 2021

People v. Argott.

2021 COA 42. No. 19CA1117.  Criminal Law—Sentencing—Probation—“Wobbler” Statute—Converting Felony to Misdemeanor.

April 1, 2021

People v. Bowers.

2021 COA 41. No. 18CA1747.  Criminal Law—First Degree Assault—Strangulation—Extreme Indifference—Serious Bodily Injury—Expert Testimony—Prosecutorial Misconduct.

April 1, 2021

People v. Zimmer.

2021 COA 40. No. 18CA0284.  Criminal Law—Discovery—Mandatory Competency Evaluation—Preliminary Competency Finding.

April 1, 2021

Mitchell v. Xu.

2021 COA 39. No. 19CA1129.  Statutory Offer of Settlement—Costs—CRS § 13-17-202.

March 25, 2021

People v. Rodriguez.

2021 COA 38. No. 18CA0007. Criminal Law—Attempted First Degree Murder—First Degree Assault—Best Evidence Rule—Evidence—Sentence Enhancer—Pregnancy—Jury.

March 25, 2021

People v. Chirinos-Raudales.

2021 COA 37. No. 17CA1132.  Evidence—Child Hearsay Statute—Illegal Sentence—Concurrent Sentence.

March 25, 2021

People v. Rainey.

2021 COA 35. No. 17CA1133.  Criminal Law—Right to Counsel of Choice—Sixth Amendment—Indigent Defendant.

March 18, 2021

People v. Tun.

2021 COA 34. No. 17CA0315. Criminal Law—Driving Under the Influence—Driving Under the Influence Per Se—Failure to Display Proof of Insurance—Driving an Unregistered Vehicle—Driving After Revocation Prohibited—Driving Under Restraint——Felony—Prior Convictions—Burden of Proof—Constructive Amendment—Equal Protection—Merger.

March 18, 2021

People v. Steichen.

No. 20PDJ058. 1/22/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

People v. Pelloux.

No. 20PDJ008. 2/9/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

People v. Odle.

No. 21PDJ007. 2/16/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

People v. Halepaska.

No. 20PDJ071. 2/17/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

People v. Edgar-Dickman.

No. 21PDJ003. 1/22/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

People v. Conley.

No. 21PDJ004. 1/27/2021. Conditional Admission of Misconduct—Attorney Suspended.

March 2021

Markwell v. Cooke.

2021 CO 17. No. 20SC585. Separation of Powers—Colo. Const. Art. V, § 22—Reading Requirement—Judiciary’s Prerogative and Responsibility to Discern Compliance with Constitutional Provision.

March 15, 2021

People in the Interest of My.K.M.

2021 COA 33. No. 20CA0695.  Dependency and Neglect—Indian Child Welfare Act—Termination of Parent-Child Legal Relationship.

March 11, 2021

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