Rule Change 2024(18)

Colorado Rules of Professional Conduct: Rules 1.15A and 1.15B

M.G. v. Armijo.

No. 23-2093. 9/17/2024. D.N.M. Judge Murphy. Medicaid—Medically Fragile Children—Provision of Private Duty Nursing Hours—Preliminary Injunction—Standing.

United States v. Ruiz.

No. 23-2027. 9/16/2024. D.N.M. Judge Baldock. Conspiracy to Possess With Intent to Distribute Methamphetamine—Possession With Intent to Distribute Methamphetamine—Importation of Methamphetamine—Aiding and Abetting—Photo Array Identification—Reliability—Motion to Suppress.

Chiles v. Salazar.

Nos. 22-1445 & 23-1002. 9/12/2024. Judge Rossman. Preliminary Injunction—Colorado’s Minor Conversion Therapy Law—First Amendment—Standing—Likelihood of Success on the Merits—Rational Basis Review.

United States v. Hicks.

No. 23-7017. 9/9/2024. E.D.Okla. Judge Baldock. Marijuana Business—Controlled Substances Act—Standing to Enforce Judgment—Judgment Enforcement Order.

United States v. Pena.

No. 23-2047. 9/5/2024. D.N.M. Judge Carson. Suspect’s Confession—Voluntariness—Fifth Amendment—Law Enforcement Conduct—Inducing a Minor to Engage in Sexual Activity—Inducing a Minor to Engage in Sexually Explicit Conduct to Produce a Visual Depiction.

Cuervo v. Sorenson.

No. 22-1387. 8/30/2024. D.Colo. Judge Carson. Motion to Dismiss—Documents Outside the Complaint—Search Warrant—Fourth Amendment—Qualified Immunity.

Judicial Department Forms—October 2024

Klabon v. Travelers.

2024 CO 66. No. 23SA142. Workers’ Compensation—Automobile Insurance.

People v. Whittington.

2024 CO 65. No. 24SA150. Discovery—Criminal Procedure—Abuse of Discretion—Sanctions—Exclusion of Evidence.

Sellers v. People.

2024 CO 64. No. 22SC738. Felony Murder—Life Without the Possibility of Parole.

In re the Application for Water Rights of Lazy D Grazing Association.

2024 CO 63. No. 23SA258. Water Law—Expert Testimony—Nontributary Groundwater—Waters and Water Rights Subject to Appropriation—Statutory Interpretation—Presumptions and Burdens of Proof.

People v. Morris.

2024 COA 105. No. 22CA0923. Sentencing Discretion—Youthful Offender System—Diagnostic Evaluation—Revocation—Behavioral or Mental Health Disorder.

Arnold v. Brent.

2024 COA 104. No. 23CA1288. Quiet Title—Sale of Tax Liens—Treasurer’s Deed—Partition—Entire Piece of Property.

In re Marriage of Capparelli.

2024 COA 103. No. 23CA1114. Dissolution of Marriage—Property Disposition—Property Purchased During the Marriage—Marital Debt—Maintenance.

Peitz v. Industrial Claim Appeals Office.

2024 COA 102. No. 24CA0250. Workers’ Compensation Benefits—Workers’ Compensation Rule of Procedure 11-5—Division Independent Medical Examination—Scope of Evaluation—Issue Preclusion.

People v. Romero.

2024 CO 62. No. 22SC845. Batson Challenges—Step Three—Clear Error—Peremptory Challenges—CRS § 16-10-104—Batson v. Kentucky —People v. Beauvais—People v. Wilson

Bock v. People.

24 CO 61. No. 23SC97. Constructive Amendment—Standards of Review—Plain Error Review—Structural Error Review.

Hamilton v. Amazon.com Services LLC.

2024 CO 60. No. 24SA12. Holiday Incentive Pay—Regular Rate of Pay.

People v. Eugene.

2024 CO 59. No. 22SC952. Criminal Law—Illegally Obtained Evidence—Custodial Interrogation—Custody—Warnings.

Niemeyer v. People.

2024 CO 58. No. 23SC117. Criminal Law—Miranda—Custody.

People v. Lewis.

2024 CO 57. No. 24SA75. Postconviction Bail—Postconviction Bail Exceptions—CRS § 16-4-201.5(2)(a)—Colo. Const. Art. II, § 19—County Court Appeals—Crim. P. 37(f)—CRS § 16-2-114(6)—CRS § 16-4-204—Stays of Execution Pending Appeal—People v. Steen—Statutory Interpretation.

Rule Change 2024(13)

Colorado Rules of Civil Procedure: Rules 16 and 121 § 1-14; Form 28

People in Interest of Diaz.

2024 COA 101. No. 23CA1096. Colorado Uniform Guardianship and Protective Proceedings Act—Guardianship of Incapacitated Person—Court Visitor’s Report—Colorado Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act—Transfer of Guardianship or Conservatorship to Another State.

Franklin D. Azar & Associates P.C. v. Ngo.

2024 COA 99 & 100. Nos. 23CA0191 & 23CA0659. Attorneys and Clients—Colorado Rule of Professional Conduct 5.6(a)—Employment Agreements—Restrictions on Right to Practice—Restriction on Right to Practice After Termination.

Harris v. City Cycle Sales, Inc.

No. 23-3116. 8/20/2024. D.Kan. Judge Hartz. Kansas Consumer Protection Act Claims—Law-of-the-Case Doctrine—Abandonment of Claim—Negligence—Sufficiency of Evidence on Causation.

Unitednet Ltd. v. Tata Communications America, Inc.

No. 23-2057. 8/19/2024. D.N.M. Judge Moritz. Forum non Conveniens—Choice-of-Law Determination—Private- and Public- Interest Factors.

United States v. Capps.

No. 23-3095. 8/13/2024. D.Kan. Judge Hartz. Fraudulently Obtaining Federal Funds—Money Laundering—Jury Instructions.

United States v. Martinez-Espinoza.

Nos. 23-2139 & 23-2140. 8/2/2024. D.N.M. Judge Murphy. Reentry of a Removed Alien—Revocation of Supervised Release—Fed. R. Crim. P. 11(c)(1)(C)—Fed. R. Crim. P. 32.1(b).

Bartch v. Barch.

Nos. 23-1211 & 24-1049. 7/29/2024. D.Colo. Judge Matheson. Marijuana Business—Controlled Substances Act—Standing to Enforce Judgment—Judgment Enforcement Order.

United States v. Joseph.

No. 23-1192. 7/29/2024. D.Colo. Judge Murphy. CARES Act—COVID-19 Relief Programs—Embezzlement or Theft of Health Care Benefit Program Funds—Wire Fraud—Sufficiency of Evidence—Evidentiary Rulings—Jury Instructions—US Sentencing Guidelines.

Judicial Department Forms—September 2024

People v. Gillespie.

2024 COA 98. No. 22CA0897. Cruelty to Animals—Torture—Needlessly Kill—Fourth Amendment—Searches and Seizures—Warrantless Entry—Exigent Circumstances—Sufficiency of Evidence.

Bennett v. Colorado Department of Revenue.

2024 COA 97. No. 24CA0252. Administrative Law—Judicial Review of Agency Decision—Notice—Service of Process by Mail—Good Cause for Failure to Properly Serve.

Houser v. CenturyLink, Inc.

2024 COA 96. No. 23CA1214. Signing of Pleadings—Obligations of Parties and Attorneys—CRCP 11 Reasonable Inquiry—Pleading Grounded in Fact.

In re Marriage of Smith.

2024 COA 95. No. 22CA2182. Dissolution of Marriage—Property Disposition—Irrevocable Family Trust—Revocable Interest—Donative Third Party Instruments—Separate Property Character.

People v. Perez.

2024 COA 94. No. 22CA1805. Sixth Amendment Confrontation Clause—Recorded Jailhouse Phone Calls—Testimonial Statements—Jury Instruction on Provocation—Mistrial—Cumulative Error.

Solano v. Newman.

2024 COA 93. No. 23CA1406. Crim. P. 16—Discovery and Procedure Before Trial—Prosecutor’s Performance of Obligations—Flow of Information Between Investigative Personnel—Declaratory and Injunctive Relief.

In re Marriage of Humphries.

2024 COA 92. No. 22CA1327. Post-dissolution of Marriage Proceedings—Disputes Concerning Parenting Time—Modification of Decision-Making Responsibility—Parental Alienation—Civil Fines—Attorney Fees and Costs.

People v. Garcia.

2024 COA 91. No. 19CA1629. Judges—Actual Bias—Disqualification—Waiver of Claim.

Judicial Department Forms—August 2024

People v. Wells.

No. 24PDJ028. 6/5/2024. Stipulation to Discipline.

People v. Riegerix.

No. 23PDJ054. 6/7/2024. Stipulation to Discipline.

People v. Peterson.

No. 24PDJ043. 5/22/2024. Stipulation to Discipline.

People v. Moya.

No. 24PDJ036. 6/25/2024. Stipulation to Discipline.

People v. Mackenzie.

No. 23PDJ070. 5/29/2024. Stipulation to Discipline.

Howieson v. People.

No. 23PDJ042. 6/5/2024. Opinion Granting Reinstatement.

People v. Goldman.

No. 24PDJ023. 7/11/2024. Reciprocal Discipline.

People v. Farmer.

No. 23PDJ068. 6/6/2024. Reciprocal Discipline.

People v. Ellis.

No. 24PDJ002. 5/28/2024. Stipulation to Discipline.

People v. Chadwick.

No. 23PDJ072. 6/7/2024. Stipulation to Discipline.

People v. Cantrell.

No. 24PDJ046. 5/29/2024. Stipulation to Discipline.

People v. Calandra.

No. 24PDJ051. 6/24/2024. Stipulation to Discipline.

People v. Adams.

No. 23PDJ066. 5/24/2024. Stipulation to Discipline.

People in Interest of C.M.

2024 COA 90. No. 23CA1761. Dependency and Neglect—Environment Injurious to Child’s Welfare—Summary Judgment—Motion for Disqualification.

Grand Junction Peace Officers’ Ass’n v. City of Grand Junction.

2024 COA 89. No. 23CA1704. Class Action Certification—Actions Against Public Employees—Colorado Governmental Immunity Act—Sovereign Immunity—Attorney Fees and Costs.

People in Interest of B.C.B.

2024 COA 88. No. 23CA1316. Dependency and Neglect—Child Born Affected by Alcohol or Substance Exposure—Adverse Effects of Exposure.

Trudgian v. LM General Insurance Co.

2024 COA 87. No. 23CA1141. Motor Vehicle Insurance Policies—Total Loss Coverage—Remedies—Implied Private Right of Action—Declaratory Judgment.

In re Marriage of Gallo.

2024 COA 86. No. 23CA0873. Past Due Child Support—Affirmative Defenses—Promissory Estoppel.

HMLL LLC v. MJM Holdings Ltd.

2024 COA 85. No. 22CA0822. Marijuana Enforcement Division—Retail Marijuana Rules—Contracts—Equitable Relief—Unclean Hands Doctrine—Unenforceable as Against Public Policy.

People v. Cuevas.

2024 COA 84. No. 21CA1256. Murder in the First Degree—Sixth Amendment—Right to Decide the Objective of the Defense—Sufficiency of Evidence—Jury Instructions.

Jacobs Investments, LLC v. Fort Collins-Loveland Water District.

2024 COA 83. No. 23CA1477. Industrial and Commercial Safety—Excavation Requirements—Documentation and Markings—Negligence—Colorado Governmental Immunity Act—Immunity and Partial Waiver—Operation and Maintenance of a Water Facility.

HCPI/CO Springs Ltd. Partnership v. El Paso County Board of Commissioners.

2024 COA 82. No. 23CA1226. Property Tax—Residential Property—Residential Improvements—Rehabilitation Hospitals.

In re Marriage of Matheny.

2024 COA 81. No. 23CA0937. Colorado Rules for Magistrates—Review of District Court Magistrate Orders or Judgments—Final Appealable Order.

City of Westminster v. R. Dean Hawn Interests.

2024 COA 80. No. 23CA0351. Eminent Domain—Condemnation—Fair Market Value—Comparable Sales—Executory Contracts for the Purchase and Sale of Land.

No on EE—A Bad Deal for Colorado, Issue Committee v. Beall.

2024 COA 79. No. 22CA2245. First Amendment Freedom of Speech—Fair Campaign Practices Act—Disclaimer Statement—Registered Agent Disclosure—Strict Scrutiny—Substantial Relation Test.

Ralph L. Wadsworth Construction Co. LLC v. Regional Rail Partners.

2024 COA 78. No. 22CA2154. Breach of Contract—Public Works—Contractor’s Bonds and Lien on Funds—Verified Statement of Claim—Excessive Amounts Claimed.

People v. Plotner.

2024 COA 77. No. 21CA1450. Assault in the Second Degree While Lawfully Confined or in Custody—Sentencing—Multiple Consecutive Sentences.

Estrada v. Smart.

No. 23-1189. 7/16/2024. D.Colo. Judge Federico. Prison Litigation Reform Act—Exhaustion of Administrative Remedies—Colorado Department of Corrections Regulations—Summary Judgment.

United States v. Lesh.

No. 23-1074. 7/16/2024. D.Colo. Judge Tymkovich. US Sentencing Guidelines—Colorado Felony Menacing—Crime of Violence.

United States v. Tao.

No. 23-3013. 7/11/2024. D.Kan. Judge Moritz. False Statement Under 18 USC § 1001(a)(2)—Materiality of Statement—University Research Funded by Federal Government—Sufficiency of Evidence.

Whitson v. Board of County Commissioners.

No. 23-1084. 7/5/2024. D.Colo. Judge Ebel. Claims Against an Official in Their Official Capacity—Municipal Liability—Final Policy-Making Authority.

United States v. Williams.

No. 23-3170. 7/2/2024. D.Kan. Judge Hartz. Revocation of Supervised Release—Confidential Informant—Controlled Buy—Fed. R. Crim. P. 32.1(b)(2)(C)—Sufficiency of Evidence—Burden of Persuasion.

XMission, L.C. v. PureHealth Research.

No. 23-4001. 6/28/2024. D.Utah. Judge Rossman. 8 USC § 1326—Fifth Amendment—Equal Protection—Discriminatory Purpose or Intent—Racially Disparate Impact.

City of Golden v. United States.

2024 CO 43M. No. 23SA317. Water Law—Blue River Decree—Injury—Colorado-Big Thompson Project—Interpretation of Prior Decree—Subordination Agreement—Power Interference Agreement—Newly Discovered Evidence.

Quarky, LLC v. Gabrick.

2024 COA 76. No. 23CA2005. Common Interest Communities—Recorded Declarations—Right of First Refusal—Third-Party Offer.

People v. Spencer.

2024 COA 75. No. 23CA0809. Alcohol Traffic Offenses—Expressed Consent for the Taking of Blood, Breath, Urine, or Saliva—Extraordinary Circumstances.

Craig Hospital v. Blue Cross Blue Shield of Kansas.

2024 COA 74. No. 23CA1827. Health Insurance—Nonresident Insurer—Personal Jurisdiction—Long-Arm Statute—Activities Directed at Forum State—Minimum Contacts.

People v. Hupke.

2024 COA 73. No. 23CA0106. Attempt to Influence a Public Servant—By Means of Deceit—Sufficiency of Evidence.

People v. Vigil.

2024 COA 72. No. 21CA0267. Evidence—Authentication—Bases of Opinion Testimony by Experts—Hearsay—Cumulative Errors.

Wolf v. Brenneman.

2024 COA 71. No. 21CA0111. Grand Juries—Witnesses—Absolute Immunity—CRCP 54—Appellate Jurisdiction.

In re Marriage of McClure.

2024 COA 70. No. 23CA1338. Post-dissolution Proceedings—Modification of Spousal Maintenance—Gross Income—Social Security Benefits—Anti-assignment Provision.

Telluride Locals Coalition Petitioners’ Committee v. Kavannaugh.

2024 COA 69. No. 23CA1035. Zoning—Planned Unit Development Act of 1972—Initiative and Referendum—Administrative Versus Legislative Nature of Initiative.

Nash v. Mikesell.

2024 COA 68. No. 23CA0589. Immigration—Delegation of Immigration Authority—287(g) Agreement—State Enforcement of Civil Immigration Law—Civil Immigration Detainers—Injunctive Relief.

People v. Martinez Rubier.

2024 COA 67. No. 23CA0450. Sentencing—Restitution—Procedural Deadlines—Extension of Time—Waiver of Right to Attend Restitution Hearing.

Rule Change 2024(12)

Colorado Rules of Civil Procedure: Rule 84

Castro v. People.

2024 CO 56. No. 22SC712. Mid-Deliberations Juror Substitution—Alternate Juror—Standard of Reversal—Presumption of Prejudice—CRS § 16-10-105.

Clark v. People.

2024 CO 55. Impartial Jury—Equal Protection—Challenge for Cause—Structural Error—Extraneous Prejudicial Information—Juror Testimony.

Fowler v. Stitt.

No. 23-5080. 6/18/2024. N.D.Okla. Judge McHugh. Fourteenth Amendment—Equal Protection—Substantive Due Process—Right to Privacy—State Action—Amended Birth Certificates—Discrimination on the Basis of Transgender Status and Sex.

Breeze Aviation Group., Inc. v. National Mediation Board.

No. 23-4079. 6/17/2024. D.Utah. Judge Hartz. Railway Labor Act—National Mediation Board—Subject Matter Jurisdiction—Union Representation Elections—Determination of Class of Employees.

United States v. Venjohn.

No. 23-8028. 6/12/2024. D.Wyo. Judge Seymour. US Sentencing Guidelines—Colorado Felony Menacing—Crime of Violence—United States v. Taylor.

United States v. Dear.

No. 22-2142. 6/10/2024. D.Colo. Judge Carson. Competency to Stand Trial—Motion to Involuntarily Medicate Defendant—Sell v. United States—Specificity of Findings—Clear and Convincing Evidence.

Leachco, Inc. v. Consumer Product Safety Commission.

No. 22-7060. 6/4/2024. E.D.Okla. Judge Ebel. Administrative Complaint—Preliminary Injunction—Irreparable Harm—Unconstitutionally Structured Agency.

United States v. Amador-Bonilla.

Nos. 22-6036 & 22-6037. 5/29/2024. W.D.Okla. Judge Eid. 8 USC § 1326—Fifth Amendment—Equal Protection—Discriminatory Purpose or Intent—Racially Disparate Impact.

People v. Miller.

2024 COA 66. No. 21CA1584. Stalking—Contacts—Unanswered Telephone Calls—First Degree Burglary—First Degree Criminal Trespass—Lesser Included Offenses—Merger of Convictions—Prosecutorial Misconduct—Sufficiency of Evidence—Crime of Violence Sentence Enhancement.

Salah v. People.

2024 CO 54. No. 23SC4. Right to Familial Association—Sex Offender Intensive Supervision Probation—Due Process Clause.

In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2023–2024 #188.

2024 CO 53. No. 24SA120. CRS § 1-40-107(2)—Statutory Jurisdiction—Ballot Title Board.

In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2023–2024 #175.

2024 CO 52. No. 24SA117. CRS § 1-40-107(2)—Statutory Jurisdiction—Ballot Title Board.

People v. Dacus.

2024 CO 51. No. 24SA2. Citizen Informant—Reasonable Suspicion—Investigatory Stop.

People v. Lopez.

2024 CO 50. No. 22SC759. Right to Counsel—Conflict of Interest.