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From the Courts

Colorado Court Case Summaries

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In re Marriage of Fabos.

2022 COA 66. No. 20CA1881.  Dissolution of Marriage—Assisted Reproduction—Embryos.

June 23, 2022

People in the Interest of J.O.

2022 COA 65. No. 20CA1539.  Juvenile Delinquency—Unlawful Sexual Conduct—Sexual Gratification or Abuse—Intent.

June 16, 2022

Owens v. Williams.

2022 CO 33. No. 21SC52. Parole Eligibility Calculation—One-Continuous-Sentence Rule—CRS § 17-22.5-101—CRS § 17-22.5-403—Hybrid Method of Calculating Sentence.

June 21, 2022

Ford Motor Co. v. Walker.

2022 CO 32. No. 20SC947. Personal Injury Judgment Debtor—Interest on Damages—Statutory Interpretation—CRS § 13-21-101—Statutorily Fixed 9% Interest Rate—Market-Based Postjudgment Interest Rate—Appealed Judgment—Final Judgment.

June 21, 2022

People v. Trujillo-Tucson.

2022 CO 31. No. 21SA386. Fifth Amendment Right to Counsel—Invoking the Right to Counsel—Suppression of Statements.

June 21, 2022

McBride v. People.

2022 CO 30. No. 20SC717. Tail Lamp Violation—Statutory Construction—Sufficiency of the Evidence.

June 21, 2022

People v. Vialpando.

2022 CO 28. No. 20SC343. Plain Error—Prosecutorial Misconduct—Cumulative Error.

June 21, 2022

People v. Washington.

2022 COA 62. No. 19CA1332.  Criminal Procedure—Permissive Joinder—Harmless Error—Crim. P. 8—Crim. P. 14.

June 9, 2022

Magana v. People.

2022 CO 25. No. 20SC928. Arson—Unit of Prosecution—Sentencing.

June 13, 2022

People in the Interest of M.M.

2022 COA 61. No. 21CA0760. Dependency and Neglect—Indian Child Welfare Act—Reason to Know—Assertion of Lineage—Proper Notice.

June 2, 2022

People in the Interest of K.P.

2022 COA 60. No. 21CA0574.  Dependency and Neglect—Collateral Bar Rule—Protection Order—First Amendment—Freedom of Speech—Contempt—Sanctions.

June 2, 2022

People v. Newton.

2022 COA 59. No. 18CA1697.  First Degree Murder—Evidence Tampering—Custodial Interview—Miranda Warning—Fifth Amendment—Right to Counsel—Evidence.

June 2, 2022

United States v. Hartley.

No. 22-3010. D.Kan. Judge Matheson. Early Termination of Probation—18 USC § 3564(c)—Waiver of Appeal Rights—Blanket Policy versus Statutory Criteria—Harmless Error.

May 16, 2022

Denver Homeless Out Loud v. Denver, Colorado.

No. 21-1025.  D.Colo. Judge McHugh. Homeless Encampments Sweeps—Preliminary Injunction—Preclusive Effect of Prior Settlement Agreement—Jurisdiction—Preservation—Claim Preclusion.

May 2, 2022

United States v. Shakespeare.

No. 21-8010. D.Wyo. Judge Murphy. Revocation of Probation—Supervised Release—Jury Trial Rights—Double Jeopardy—Plain Error Review.

April 25, 2022

Seale v. Peacock.

No. 21-1144. D.Colo. Judge McHugh. Motion to Dismiss for Failure to State a Claim—Motion to Amend Complaint—Standing—Stored Communications Act.

April 25, 2022

United States v. Holzer.

No. 21-1080.  D.Colo. Judge Briscoe. Plot to Bomb Synagogue—Special Conditions of Supervised Release—First Amendment—Appellate Waiver Provision of Plea Agreement.

April 25, 2022

People v. Gilbert.

2022 CO 23. No. 20S853. Motion for Continuance—Sixth Amendment—Counsel of Choice.

May 31, 2022

In re Estate of Garcia.

2022 COA 58. No. 21CA0263. Slayer Statute—Jurisdiction—Standing—Probate.

May 26, 2022

People v. Smith.

2022 COA 56. No. 19CA2359. Crim. P. 35(c)—Postconviction Counsel—Waiver of Pro Se Claims—Ineffective Assistance of Counsel.

May 26, 2022

People v. Montoya.

2022 COA 55. No. 18CA1409.  Driving Under the Influence—Refusal to Take a Blood Test—Expressed Consent Statute—CRE 106 Rule of Completeness.

May 26, 2022

People v. Eason.

2022 COA 54. No. 21CA0962. Crim.P.24(c)(4)—Mistrial Due to Public Health Crisis—Fair Jury Pool—Separation of Powers—Discovery Violations—Sanctions.

May 19, 2022

People in the Interest of E.V.

2022 COA 53. No. 20CA2087. Delinquency—Possession of a Handgun—Suppression of Evidence—Reasonable Suspicion—Investigatory Stop—Sentencing—Mandatory Detention.

May 19, 2022

People v. Tomaske.

2022 COA 52. No. 19CA1491.  Disarming a Peace Officer—Attempt to Disarm a Peace Officer—Police Baton—Force-Against-Intruders Affirmative Defense—Sufficiency of Evidence.

May 19, 2022

French v. Centura Health Corp.

2022 CO 20. No. 20SC565. Contracts—Incorporation by Reference—Amount of Compensation and Value of Services.

May 16, 2022

Gomez v. JP Trucking, Inc.

2022 CO 21. No. 20SC950. Interstate Drivers—Overtime Compensation—Overtime Exemption—Colorado Minimum Wage Order, 7 Colo. Code Regs. 1103-1—Fair Labor Standards Act, 29 USC §§ 201–209—Motor Carrier Act Exemption, 29 USC § 213(b)(l).

May 16, 2022

Overton v. Chess.

  2022 COA 51. No. 20CA2091.  Property Tax—Treasurer’s Deed—Redemption—Interest—Improvements—Expenditures—Offset—Easement.

May 12, 2022

United States v. Moore.

No. 20-3171. D.Kan. Judge Phillips. Sentencing Bargain—“Sentence in Advance”—Probation Revocation Hearing—Invited Error Doctrine—Plain Error Review—Procedural Reasonableness of Sentence.

April 11, 2022

Walker v. BOKF, National Association.

No. 20-2046. D.N.M. Judge Briscoe. Bank Extended Overdraft Charges—Interest versus Deposit Account Services—National Bank Act of 1864—Office of the Comptroller of the Currency Regulations—Deference.

April 4, 2022

United States v. Chavez.

No. 20-2083. 3/29/2022. D.N.M. Judge Eid. Attempted Federal Bank Robbery—Forced Withdrawal of Money from ATM—Legal Impossibility Defense.

March 28, 2022

Heard v. Dulayev.

No. 19-1461. D.Colo. Judge Eid. 42 USC § 1983—Excessive Force—Summary Judgment—Qualified Immunity—Pendent Appellate Jurisdiction—Appellate Jurisdiction.

March 28, 2022

United States v. McIntosh.

No. 20-5089.  N.D.Okla. Judge Ebel. Knowing and Voluntary Guilty Plea—Motion to Withdraw Plea—Procedural Due Process.

March 21, 2022

People v. Sanders.

2022 COA 47. No. 18CA0525. Colorado Code of Judicial Conduct—Disqualification of Judge—Appearance of Bias—Jury—Batson Challenge—Prosecutorial Misconduct.

April 28, 2022

People in the Interest of Jay.J.L.

2022 COA 43. No. 21CA0659.  Dependency and Neglect—Indian Child Welfare Act—“Reason to Know”—Due Diligence.

April 14, 2022

C & C Investments, LP v. Hummel.

2022 COA 42. No. 20CA1879.  Homeowners Association—Foreclosure Sale—Notice—Due Process—Default Judgment—Void Ab Initio—Post-Foreclosure Right to Cure.

April 14, 2022

People v. Ramos.

2022 CO 16. No. 22SA10. Criminal Procedure—Fourth Amendment.

April 11, 2022

In re Marriage of Mack.

2022 CO 17. No. 21SC62.  Public Employment Retirement Benefits—Dissolution of Marriage—Equitable Division of Assets.

April 11, 2022

Arapahoe County Department of Human Services v. Velarde.

2022 CO 18. No. 21SC232.  State Administrative Procedure Act—Judicial Review of Final Agency Action—Judicial Enforcement of Agency’s Final Order—CRS § 24-4-106—Overpayment of Medical Assistance Benefits.

April 11, 2022

Dr. Macaulay v. Villegas.

2022 COA 40. No. 21CA0288. Workers’ Compensation Act—Statute of Limitations—Reopening a Case—Penalty Claim—Equitable Tolling.

April 7, 2022

In re Marriage of Turner.

2022 COA 39. No. 21CA0663.  Dissolution of Marriage—Permanent Orders—Bonuses—Marital Property.

March 31, 2022

Houser v. CenturyLink, Inc.

2022 COA 37. No. 20CA1052. Securities—Merger—Material Misstatements—Material Omissions—Controlling Persons—Leave to Amend Complaint.

March 31, 2022

People v. Moreno.

2022 CO 15. No. 21SA181. Freedom of Speech—Overbreadth—Harassment.

March 28, 2022

People v. Gulyas.

2022 COA 34. No. 19CA0342. Sexual Assault on a Child—Juror—Challenge for Cause—Rape Shield Statute.

March 24, 2022

People v. Clark.

2022 COA 33. No. 19CA0340.  Juror Bias—Challenge for Cause—Peremptory Strike—County Court Judge—Jury Deliberations.

March 24, 2022

Cisneros v. Elder.

2022 CO 13. No. 21SC6. Colorado Governmental Immunity Act—Waivers of Sovereign Immunity—Intentional Torts.

March 21, 2022

People v. Cortes-Gonzalez.

2022 CO 14. No. 21SA308. Attorney-Client Privilege—Attorney-­Client Confidentialities—Implied Waiver—Fairness Principle—Automatic Statutory Waiver—CRS § 18-1-417—Ineffective Assistance of Counsel—Postconviction Remedies—Crim. P. 35(c)—C.A.R. 21.

March 21, 2022

People v. Le.

2022 COA 32. No. 19CA1997. Restitution—Victim—Tax Evasion—Retail Marijuana Excise Tax.

March 17, 2022

People in the Interest of A-J.A.B.

2022 COA 31. No. 21CA0764.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Indian Child Welfare Act—“Reason to Know”—Notice—Due Diligence.

March 10, 2022

People v. Brown.

2022 CO 11. No. 21SA110. Criminal Law—Searches and Seizures—Probable or Reasonable Cause.

March 8, 2022

Rule Change 2022(06)

Colorado Rules of Professional Conduct. Rule 3.8. Special Responsibilities of a Prosecutor

February 24, 2022

Rule Change 2022(05)

The Colorado Appellate Rules. Form 1905 and Rules 1, 2, 3, 3.4, 4, 4.1, 5, 7, 10, 21, 26, 28, 28.1, 29, 30, 32, 39.1, 41, 42, 51, 52, 53, and 55

February 24, 2022

Renfro v. Champion Petfoods USA, Inc.

No. 20-1274. D.Colo. Judge Tymkovich. Class Action—False and Misleading Advertisements—Colorado Consumer Protection Act—Motion to Dismiss—Standing.

February 14, 2022

United States v. Cordova.

No. 20-2007. D.N.M. Per Curiam. Violent Crime in Aid of Racketeering Activity—Motions for New Trial—Sufficiency of the Evidence—Alleged Government Misconduct—Newly Acquired Evidence—Admissibility of Partially Inaudible Recording.

February 7, 2022

Ajaj v. Federal Bureau of Prisons.

No. 19-1250. D.Colo. Judge Hartz. Religious Freedom Restoration Act—Motion to Dismiss—Mootness—Money Damages Against Individual Defendants—Qualified Immunity.

February 7, 2022

United States v. Anthony.

No. 20-6134. W.D.Okla. Judge Tymkovich. 28 USC § 2255—One-Year Limitations Period—Finality of Judgment of Conviction in Deferred Restitution Case.

February 7, 2022

United States v. Black.

No. 20-3199.  D.Kan. Judge Bacharach. Speedy Trial Act—Fed. R. Crim. Proc. 20—Case Transfer Between Districts—Determining District Where Case is Pending—Computing Excludable Days—Failure to Raise Issue Below.

January 31, 2022

No. 21-1143. Thompson v. Ragland.

D.Colo. Judge Hartz. 42 USC § 1983—First Amendment Freedom of Speech—Student Speech—Qualified Immunity—Motion to Dismiss.

January 24, 2022

Weld County Board of County Commissioners v. Ryan.

2022 COA 26. No. 20CA1445. Colorado Department of Public Health and Environment Air Quality Control Commission— Rulemaking—Standing—Judicial Review—Jurisdiction—Colorado Administrative Procedure Act—Colorado Air Pollution Prevention and Control Act.

February 24, 2022

People v. O’Day.

2022 COA 24. No. 19CA2314. Fifth Amendment—Probation Revocation Hearing.

February 24, 2022

People v. Tarr.

2022 COA 23. No. 18CA0485. Fourth Amendment—Expressed Consent Statute—DUI—Warrantless Search—Blood Draws.

February 24, 2022

Maphis v. City of Boulder.

2022 CO 10. No. 20SC646. Colorado Governmental Immunity Act—Sovereign Immunity—Dangerous Condition.

February 22, 2022

Rojas v. People.

2022 CO 8. No. 20SC399. Res Gestae—Other Acts Evidence.

February 22, 2022

Pisano v. Manning.

2022 COA 22. No. 19CA2352.  Personal Injury—Noneconomic Damages—Statutory Cap—Exceptional Circumstances.

February 17, 2022

People v. Liebler.

2022 COA 21. No. 19CA1201.  Attempted Aggravated Robbery—Use of Force—Testimony—Contradictory Video Evidence—Credibility of Witnesses—Prosecutorial Misconduct.

February 17, 2022

People v. Castillo.

2022 COA 20. No. 19CA0754.  Sentencing—Equal Protection—Extreme Indifference Murder—Age at Time of Offense—Proportionality Review.

February 17, 2022

People v. Brown.

2022 COA 19. No. 18CA1099. Freedom of Speech—Retaliation Against a Judge—True Threat.

February 17, 2022

People v. Ojeda.

2022 CO 7. No. 19SC763. Peremptory Challenges—Equal Protection—Constitution and Selection of Jury.

February 14, 2022

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