People v. Hernandez.

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

In re Abrams.

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

Board of County Commissioners of La Plata County v. Department of Public Health and Environment.

2021 CO 43. Nos. 20SC365 & 20SC367. Solid Wastes Disposal Act—Governmental Immunity—Regulatory Enforcement.

People v. Lavadie.

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

People v. Mosely.

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

DePriest v. People.

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

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.

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.

In re Interrogatories on Senate Bill 21-247 Submitted by the Colorado General Assembly.

2021 CO 37. No. 21SA146.Questions Submitted by the Legislature—Apportionment—Separation of Powers.

San Isabel Electric Ass’n, Inc. v. Public Utilities Commission.

2021 CO 36. No. 20SA103. Public Utility Law—Station Power—Vertically Integrated Utility.

People in Interest of E.S.

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

Briargate at Seventeenth Avenue Owners Ass’n v. Nelson.

2021 COA 78. No. 19CA2052.  Homeowners’ Association—Colorado Common Interest Ownership Act—Accord and Satisfaction—Setoff.

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.

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.

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.

No. 20-6097. In re Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation.

W.D.Okla. Judge McHugh. Class Action—“Kicker” and “Clear Sailing” Agreements—Attorney Fees and Costs—Approval of Class Action Settlement Agreement—Objection to Settlement Agreement and Class Counsel.

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.

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

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

Nos. 19-1349 & 20-1087. Underwood v. Bank of America Corp.

D.Colo. Judge Matheson. Service Marks—Lanham Act—Cancellation of State Registration of Service Mark—Trademark Infringement—Actual and Analogous Use.

2021 COA 76. No. 20CA0081. People v. Dominguez.

Sentencing—Two Prior Felony Rule.

2021 COA 75. No. 20CA0038. Ragan v. Ragan.

Employment Law—Employee Retirement Income Security Act—Divorce Revocation Statute—Preemption.

2021 COA 74. No. 20CA0021. Froid v. Zacheis.

 Economic Damages—Family Law—Legal Malpractice—Grandparent Visitation Rights.

2021 COA 73. No. 19CA2016. Amada Family Limited Partnership v. Pomeroy.

Real Property—After-Acquired Interests—Easement by Necessity—Utility Rights—Trespass—Damages.

2021 COA 72. No. 19CA1712. Zook v. El Paso County.

Pension Plan—Survivor Benefits—Contingent Beneficiary—Breach of Contract—Subject Matter Jurisdiction.

2021 COA 71. No. 18CA0332. People v. Scott.

Sixth Amendment—Right to Jury Trial—Jury Nullification.

2021 COA 70. No. 17CA2058. People v. Madrid.

Fourteenth Amendment—Peremptory Strike—Batson Challenge.

People v. Tauger.

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

People v. Finn.

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

People v. Delorme-Gaines.

No. 21PDJ015. 3/26/2021. Conditional Admission of Misconduct—Attorney Suspended.

People v. Johnson.

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

In re Interrogatory on House Bill 21-1164.

2021 CO 34. No. 21SA97. TABOR—Public School Finance Act—TABOR Waivers—Voter Approval—Mill Levies.

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.

Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.

2021 CO 32. No. 19SC664. Intervention as of Right—Nunn Agreements—Insurance.

People v. Alemayehu.

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

In re People v. Nunez.

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

People v. Baker.

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

Lawrence v. People.

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

In the Matter of Gunkel.

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

People in Interest of S.M.

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

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.

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.

Department of Natural Resources v. 5 Star Feedlot, Inc.

2021 CO 27. No. 19SC986. CRS §§ 33-6-109(1) and -110(1)—CRS §§ 33-2-104(3) and -105(4)—Voluntary Act (Actus Reus)—“Take” Protected Wildlife.

People v. Moore.

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

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.

New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian Healthcare Services.

Nos. 19-2210 & 20-2024. D.N.M. Judge Kelly. Sherman Act—Antitrust Claims—Monopolization and Attempted Monopolization—Refusal to Deal—Summary Judgment.

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.

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.

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.

Frasier v. Evans.

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

People v. Parks.

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

Walker Commercial, Inc. v. Brown.

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

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.

In re the Marriage of Schlundt and Fillingame.

2021 COA 58. No. 19CA1956.  Family Law—Post-Decree—Parenting Time—Enforcement of Parenting Time—Endangerment Standard.

People v. Dyson.

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

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.

Morin v. ISS Facility Services, Inc.

2021 COA 55. No. 20CA0216. Statute of Limitations—CRS § 13-80-102(1)(a)—Holidays and Weekends.

Coyle v. State.

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

People v. Grant.

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

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.

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.

People v. Vidauri.

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

Medina v. Williams.

2021 CO 24. No. 20SA201. Magistrates—Habeas Corpus.

In the Matter of Chase.

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

In the Interest of Meggitt.

2021 COA 50. No. 19CA1803. Probate—Jurisdiction—Notice—Conservator—Compensation.

People v. Archuleta.

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

People v. Murphy.

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

Gill v. Waltz.

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

Delta Air Lines, Inc. v. Scholle.

2021 CO 20. No. 19SC546. Workers’ Compensation—Subrogation—Collateral Source Doctrine.

Compos v. People.

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

Catholic Health Initiatives Colorado v. Industrial Claim Appeals Office.

2021 COA 48. No. 20CA1010.  Colorado Employment Security Act—Nonvolitional Drug or Alcohol Addiction—Unemployment Benefits.

People in the Interest of J.G.

2021 COA 47. No. 20CA0800.  Juvenile Court—Dependency and Neglect—Troxel Presumption.

AA Wholesale Storage, LLC v. Swinyard.

2021 COA 46. No. 19CA2307.  Civil Procedure—Judgment—Collections—CRCP 69(g)—Discretion.

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.

Save Our Saint Vrain Valley, Inc. v. Boulder County Board of Adjustment.

2021 COA 44. No. 19CA2251.  Special Use Permit—Boulder Land Use Code—Judicial Review.

Johnson v. Toohey.

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

People v. Argott.

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

People v. Bowers.

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

People v. Zimmer.

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

Mitchell v. Xu.

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

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.

People v. Chirinos-Raudales.

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

Rule Change 2021(03)

Rules 404, 803, and 901

People v. Padilla Jr.

2021 CO 18. No. 20SA336. Criminal Law—Miranda—Custody.

Rule Change 2021(01) Colorado Rules of Civil Procedure

Rules 6, 16, 16.1, 26, and 121 § 1-8 and § 1-9

Rule Change 2021(02) Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education

Rule 250.3

Notice of Public Hearing

Public Hearing to be Held Wednesday, April 7, 2021 at 3:30 p.m.

Notice of Public Hearing and Request for Comments

Public Hearing to be Held Tuesday, April 6, 2021. Deadline for comments March 29, 2021.

CO2 Committee, Inc. v. Montezuma County.

2021 COA 36. No. 19CA1798. Oil and Gas—Taxes—Due Process—Standing.

People v. Rainey.

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

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.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

People v. Steichen.

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

People v. Pelloux.

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

People v. Odle.

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

People v. Halepaska.

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

People v. Edgar-Dickman.

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

People v. Conley.

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

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.

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.

Butler v. Board of County Commissioners for San Miguel County.

2021 COA 32. No. 19CA1913. Lawful Activities Statute—Freedom of Legislative and Judicial Access Act.