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From the Courts

Colorado Court Case Summaries

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Rule Change 2024(18)

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

October 2, 2024

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.

September 17, 2024

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.

September 16, 2024

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.

September 12, 2024

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.

September 9, 2024

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.

September 5, 2024

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.

August 30, 2024

Klabon v. Travelers.

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

September 30, 2024

People v. Whittington.

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

September 30, 2024

Sellers v. People.

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

September 30, 2024

People v. Morris.

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

September 26, 2024

Arnold v. Brent.

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

September 19, 2024

In re Marriage of Capparelli.

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

September 19, 2024

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.

September 12, 2024

People v. Romero.

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

September 9, 2024

Bock v. People.

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

September 9, 2024

People v. Eugene.

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

September 9, 2024

Niemeyer v. People.

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

September 9, 2024

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.

September 9, 2024

Rule Change 2024(13)

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

September 6, 2024

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.

September 5, 2024

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.

September 5, 2024

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.

August 20, 2024

United States v. Capps.

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

August 13, 2024

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).

August 2, 2024

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.

July 29, 2024

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.

July 29, 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.

August 29, 2024

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.

August 22, 2024

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.

August 22, 2024

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.

August 22, 2024

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.

August 22, 2024

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.

August 15, 2024

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.

August 15, 2024

People v. Garcia.

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

August 15, 2024

People v. Wells.

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

August 13, 2024

People v. Moya.

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

August 13, 2024

People v. Ellis.

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

August 13, 2024

People v. Adams.

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

August 13, 2024

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.

August 8, 2024

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.

August 8, 2024

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.

August 8, 2024

In re Marriage of Gallo.

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

August 8, 2024

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.

August 8, 2024

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.

August 8, 2024

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.

August 1, 2024

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.

August 1, 2024

People v. Plotner.

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

August 1, 2024

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.

July 16, 2024

United States v. Lesh.

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

July 16, 2024

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.

July 11, 2024

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.

July 5, 2024

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.

July 2, 2024

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.

June 28, 2024

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.

July 22, 2024

Quarky, LLC v. Gabrick.

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

July 18, 2024

People v. Spencer.

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

July 18, 2024

People v. Hupke.

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

July 11, 2024

People v. Vigil.

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

July 11, 2024

Wolf v. Brenneman.

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

July 11, 2024

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.

July 3, 2024

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.

July 3, 2024

People v. Martinez Rubier.

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

July 3, 2024

Castro v. People.

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

July 1, 2024

Clark v. People.

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

July 1, 2024

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.

June 18, 2024

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.

June 12, 2024

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.

June 10, 2024

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.

May 29, 2024

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.

June 27, 2024

Salah v. People.

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

June 24, 2024

People v. Dacus.

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

June 24, 2024

People v. Lopez.

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

June 24, 2024

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