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From the Courts

Colorado Court Case Summaries

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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.

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. 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

In re Estate of Colby.

2021 COA 31. No. 19CA1132.  Probate—CRS § 15-12-804—Presentation of Claims.

March 11, 2021

People v. Nevelik.

2021 COA 30. No. 18CA0783.  Criminal Law—Subject Matter Jurisdiction—Money Laundering.

March 11, 2021

People v. Carter.

2021 COA 29. No. 17CA2331.  Criminal Law—Driving Under the Influence—Felony—Prior Convictions—Burden of Proof—Constructive Amendment—Waiver—Structural Error.

March 11, 2021

People v. Grosko.

2021 COA 28. No. 17CA0720.  Criminal Law—Prostitution—Continuing Offense—Multiplicitous—Double Jeopardy—Unit of Prosecution—Expert Testimony.

March 11, 2021

People v. Peluso.

2021 CO 16. No. 20SA316. Criminal Law—Evidence—Searches and Seizures—Fourth Amendment.

March 8, 2021

United States v. Salazar.

No. 19-3217.  D.Kan. Judge Moritz. Supervised Release—Statutory Maximum Combined Sentence—Mootness.

February 15, 2021

Smith v. Allbaugh.

No. 20-6029.  W.D.Okla. Judge Kelly. 42 USC § 1983—Qualified Immunity—Deliberate Indifference—Plausibility Standard—Standing.

February 8, 2021

United States v. Torres.

No. 19-2161.  D.N.M. Judge Matheson. Fourth Amendment—Reasonable Suspicion—Probable Cause—Harmless Error.

February 8, 2021

Brooks v. Mentor Worldwide, LLC.

No. 19-3240.  D.Kan. Judge Carson. Federal Preemption—Medical Device Amendments to Federal Food, Drugs, and Cosmetics Act—Plausibility Standard—Fed. R. Civ. P. 15 Amendment of Pleadings.

January 25, 2021

United States v. Stein.

Nos. 19-3030, 3034, & 3035.  D.Kan. Judge Kelly. Conspiracy to Use Weapons of Mass Destruction—Conspiracy to Violate Civil Rights—Jury Selection Challenge—Entrapment Instruction—Terrorism Enhancement.

January 25, 2021

People v. Thomas.

2021 COA 23. No. 17CA2132.  Constitutional Law—Fourth Amendment—Searches and Seizures—Motor Vehicle—Warrantless Search—Fruit of the Poisonous Tree—Community Caretaking Exception—Impounding Vehicle.

February 25, 2021

People in the Interest of M.R.M.

2021 COA 22. No. 17CA0255.  Dependency and Neglect—Final Appealable Order—Allocation of Parental Responsibilities.

February 25, 2021

People v. Forgette.

2021 COA 21. No. 16CA0441.  Criminal Law—Jury—Waiver—Evidence—Identity.

February 25, 2021

Fogel v. Emmett.

2021 COA 20. No. 19CA1916.  Subpoena—Tender of Mileage Fee—Civil Procedure.     

February 18, 2021

People v. Snider.

2021 COA 19. No. 18CA0598.  Criminal Law—Second Degree Assault on a Peace Officer—Resisting Arrest—Obstruction—Jury Instructions—Self-Defense—Affirmative Defense—Evidence—Prosecutorial Misconduct—Mistrial—Unanimous Verdict—Unit of Prosecution—Double Jeopardy—Lesser Included Offense.

February 18, 2021

People v. Collins.

2021 COA 18. No. 16CA2170. Criminal Law—Sexual Assault on a Child—Testimony—Court Facility Dog—Confrontation Clause—Expert Testimony.

February 18, 2021

In re Marriage of Blaine.

2021 CO13. No. 19SC967.  Uniform Dissolution of Marriage Act—Presumption of Marital Property—Statutory Exceptions to Presumption of Marital Property—Valid Agreement—Interspousal Transfer Deed.

February 16, 2021

In re Marriage of Zander.

2021 CO 12. No. 19SC854.  Uniform Dissolution of Marriage Act—Colorado Marital Agreement Act—Exceptions to Presumption of Marital Property—“Valid Agreement” Exception—Partial Performance Doctrine.

February 16, 2021

Ryser v. Shelter Mutual Insurance Co.

2021 CO 11. No. 19SC530. Insurance—Workers’ Compensation—Uninsured and Underinsured—Exclusivity of Remedy—Co-Employee Immunity.

February 16, 2021

People v. Marston.

2021 COA 14. No. 18CA1879. Criminal Law—Driving While Ability Impaired—Prior Convictions—Elements—Jury—Involuntary Statements—Shreck Hearing—Horizontal Gaze Nystagmus Test—Expert Witness.

February 11, 2021

People v. Propst.

2021 COA 13. No. 18CA1360.  Criminal Law—Sentencing—Probation—Plea Agreement—Revocation—Resentencing.

February 11, 2021

People v. Roberts-Bicking.

2021 COA 12. No. 17CA1396.  Criminal Law—Jury Instructions—Self-Defense—Affirmative Defense Exception—Apparent Necessity—Defense Against Multiple Assailants—Initial Aggressor—Provocation—Unanimity.

February 11, 2021

People v. Blassingame.

2021 COA 11. No. 16CA2200.  Criminal Law—Jury Trial—Challenge for Cause.

February 11, 2021

People v. Wake.

No. 20PDJ038. 1/30/2020. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Sand.

No. 21PDJ002. 1/15/2021. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. McCaffrey.

No. 21PDJ001. 1/12/2021. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Burke.

No. 20PDJ073. 12/28/2020. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Plemmons.

2021 COA 10. No. 18CA0481. Criminal Law—Constitutional Law—Due Process—Vagueness—Second Degree Assault—Exclusionary Rule.

February 4, 2021

United States v. Barrett.

No. 19-7049.  E.D.Okla. Judge Matheson. Sixth Amendment Ineffective Assistance of Counsel—28 USC § 2255—Prejudice Sufficient to Vacate Death Sentence—Mitigating Evidence.

January 18, 2021

United States v. Maynard.

No. 19-1304. D.Colo. Judge Briscoe. Tax Evasion—US Sentencing Guidelines—Sufficiency of Evidence—Mandatory Victims Restitution Act Calculations—Plain Error.

December 28, 2020

Hooks v. Atoki.

No. 19-6093. W.D.Okla. Judge McHugh. Civil Rights—42 USC § 1983—Excessive Force—Deliberate Indifference.

December 28, 2020

Crowson v. Washington County State of Utah.

Nos. 19-4118 & 19-4120.  D.Utah. Judge McHugh. 42 USC § 1983—Fourteenth Amendment—Eighth Amendment—Interlocutory Appeals—Qualified Immunity—Pendant Appellate Jurisdiction.

December 28, 2020

Fenn v. City of Truth or Consequences.

No. 19-2201. D.N.M. Judge Tymkovich. 42 USC § 1983—First Amendment Retaliation—Malicious Prosecution—Supervisory Liability—Qualified Immunity.

December 28, 2020

United States v. Sanchez.

No. 19-2092. D.N.M. Judge Tymkovich. Fourth Amendment Search and Seizure—Reasonable Suspicion—Probable Cause—Fifth Amendment Custodial Interrogation—Voluntariness of Guilty Plea—Sentencing under Armed Career Criminal Act.

December 28, 2020

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