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From the Courts

Colorado Court Case Summaries

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People v. Mangum.

2022 COA 114. No. 22CA0506. Postconviction Remedies—Speedy Trial.

September 29, 2022

Woo v. Baez.

2022 COA 113. No. 21CA0343. Actions Against Licensed Professionals—Service of Process—Indigency—Certificate of Review—Fourteenth Amendment—Due Process—Equal Protection.

September 29, 2022

In re Marriage of DePumpo.

2022 COA 112. No. 21CA0183. Dissolution of Marriage—Spousal Maintenance—Child Support—Imputed Income—Rental Property Income—Ordinary and Necessary Expenses.

September 29, 2022

People v. Martinez.

2022 COA 111. No. 19CA1481. Reckless Manslaughter—Jury Instructions—Affirmative Defenses—Traverse—Use of Physical Force in Self-Defense.

September 29, 2022

Lewis v. City of Edmond.

No. 21-6081. 9/16/2022. W.D.Okla. Judge Baldock. 42 USC § 1983—Claim of Excessive Force—Fourth Amendment—Motion for Summary Judgment—Qualified Immunity.

September 12, 2022

Pacheco v. El Habti.

No. 20-7002. 9/15/2022. E.D.Okla. Judge Hartz. Habeas Corpus Petition—28 USC § 2254—Statute of Limitations—State Court Jurisdiction—Major Crimes Act—Actual Innocence Exception—New Constitutional Right Exception—Certificate of Appealability.

September 12, 2022

United States v. Williams.

No. 21-6061. 9/8/2022. W.D.Okla. Judge Rossman. Procedural Unreasonableness Challenge to Sentence—Sentencing Guidelines—Armed Career Criminal Act Enhancement.

September 5, 2022

United States v. Johnson.

No. 21-3113. 8/30/2022. D.Kan. Judge Tymkovich. Jury Instructions—Actual and Constructive Possession of Firearm—Plain Error Review.

August 29, 2022

Ford v. Jackson National Life Insurance Co.

No. 21-1126. 8/23/2022. D.Colo. Judge Phillips. Title VII Employment Action—Race Discrimination—Sex Discrimination—Retaliation—Hostile Work Environment—Constructive Discharge—Motion for Summary Judgment.

August 22, 2022

United States v. Woody.

No. 21-2007. 8/19/2022. D.N.M. Judge Ebel. Aggravated Sexual Abuse—Fourth Amendment—Consensual vs. Investigative Detention—Fifth Amendment Right Against Self-Incrimination—FRE 803(4) Hearsay Exception—Substantive Unreasonableness Challenge to Sentence.

August 15, 2022

United States v. Johnson.

No. 21-2058. 8/9/2022. D.N.M. Judge Moritz. Methamphetamine Possession with Intent to Distribute—Fourth Amendment—Motion to Suppress—Probable Cause for Warrantless Arrest—Illegal Search—Plain View Exception.

August 8, 2022

Peck v. McCann.

No. 21-1125. 8/9/2022. D.Colo. Judge Ebel. Constitutionality of Colorado Children’s Code Records and Information Act—First Amendment—Standing—Ripeness—Strict Scrutiny Analysis.

August 8, 2022

Cruz v. Farmers Insurance Exchange.

No. 21-1069. 8/3/2022. D.Colo. Judge Moritz. Employment Discrimination—42 USC § 1981—Summary Judgment—FRE 801(d)(2)(D) (Admission by Non-Party Opponent)—Direct versus Circumstantial Evidence.

August 1, 2022

Dansie v. Union Pacific Railroad Co.

No. 20-4054. 8/2/2022. D.Utah. Judge Carson. Americans with Disabilities Act—Interactive Reasonable Accommodation Process—Family Medical Leave Act—Request for Supplemental Jury Instructions.

August 1, 2022

United States v. McCrary.

No. 21-6047. 7/26/2022. W.D.Okla. Judge Ebel. Fentanyl Possession and Distribution—Sentencing Factors—Procedural and Substantive Unreasonableness Challenges to Sentence—Appellate Waiver.

July 25, 2022

United States v. Hernandez-Calvillo.

No. 19-3210. 7/13/2022. D.Kan. Judge Moritz. Constitutionality of Federal Immigration Statute—Encouraging or Inducing a Noncitizen to Reside in the United States—First Amendment Overbreadth.

July 11, 2022

Irizarry v. Yehia.

No. 21-1247. 7/11/2022. D.Colo. Judge Matheson. 42 USC § 1983—First Amendment Retaliation Claim—Motion to Dismiss—Qualified Immunity.

July 11, 2022

United States v. Reed.

No. 21-2073.  7/7/2022. D.N.M. Judge Baldock. Felon in Possession of a Firearm—Armed Career Criminal Act—Voluntariness of Plea—Alleged Ineffective Assistance of Counsel—District Court Jurisdiction of Predicate Felonies Determination—Procedural Due Process.

July 4, 2022

C1.G v. Siegfried.

No. 21-1320. 7/6/2022. D.Colo. Judge Kelly. High School Suspension and Expulsion—42 USC § 1983—First Amendment—Fourteenth Amendment Procedural Due Process—Motion to Dismiss.

July 4, 2022

Finch v. Rapp.

No. 20-3132. 7/5/2022. D.Kan. Judge Tymkovich. 42 USC § 1983—Excessive Force Claim—Summary Judgment—Qualified Immunity—Monell Claim.

July 4, 2022

United States v. Armajo.

No. 21-8021. 6/23/2022. D.Wyo. Judge Seymour. FRE 404(b)—FRE 403—Assault Resulting in Serious Bodily Injury—Self-Defense Claim.

June 20, 2022

People v. Rodriguez-Morelos.

2022 COA 107. No. 19CA0915. Identity Theft—Personal Identifying Information—Financial Identifying Information.

September 15, 2022

Cisneros v. Elder.

2022 COA 106. No. 19CA0546. Colorado Governmental Immunity Act—Waiver of Immunity—Operation of a Jail.

September 15, 2022

Gorostieta v. People.

2022 CO 41. No. 21SC441. Defendant’s Identity as Element of Crime or Sentence Enhancer.

September 12, 2022

People v. Raider.

2022 CO 40. No. 21SC119.  Fourth Amendment and Reasonableness in General—Necessity of and Preference for Warrant, and Exceptions in General—Right to Sample or Conduct Test—Initiating Procedure.

September 12, 2022

Argo v. Hemphill.

2022 COA 104. No. 21CA0897. Transfer of Real Property on Death—Vesting of Ownership in Grantee-Beneficiary—Lease Agreement—Unrecorded Interests.

September 8, 2022

Mohammadi v. Kinslow.

2022 COA 103. No. 21CA0109. Statute of Limitations—Limitations for Persons Under Disability—Tolling.

September 8, 2022

People v. Sellers.

2022 COA 102. No. 19CA2033. Felony Murder—Sentencing—Presumption of Concurrence—Life Imprisonment Without the Possibility of Parole—Cruel and Unusual Punishment—Proportionality Review—Per Se Grave or Serious Offenses.

September 8, 2022

People v. Castro.

2022 COA 101. No. 18CA1878. Custodial Interrogation—Miranda—Post-Advisement Silence.

September 8, 2022

People v. Vasquez.

2022 COA 100. No. 18CA1486. Felony Murder—Fourth Degree Arson.

September 8, 2022

People v. Eugene.

2022 COA 99. No. 19CA2267.  Fifth Amendment—Custodial Interrogation—Miranda Warning.

September 1, 2022

People v. Rodriguez.

2022 COA 98. No. 19CA1354. Mental Competency—Multiple Competency Motions—Right to Counsel—Substitute Counsel.

September 1, 2022

People v. Lopez.

2022 COA 97. No. 19CA0287. Sixth Amendment—Right to Conflict-Free Representation—Prosecutorial Misconduct.

September 1, 2022

Fresquez v. Trinidad Inn.

2022 COA 96. No. 21CA0118. Health Care Availability Act—Arbitration Agreements—Agency—Actual Authority—Apparent Authority.

August 25, 2022

People v. Vergari.

2022 COA 95. No. 19CA1317. Jurors—Challenge for Cause—Peremptory Challenges—Opinion Testimony—CRE 403—Prosecutorial Misconduct.

August 25, 2022

Herrera v. Santangelo Law Offices, P.C.

2022 COA 93. No. 20CA2105. Legal Services Agreement—Arbitration Provision—Colorado Uniform Arbitration Act—Arbitration Award—Sanctions.

August 11, 2022

Galef v. University of Colorado.

2022 COA 91. No. 21CA0322. Personal Injury—Premises Liability—Colorado Governmental Immunity Act—Waiver—Dangerous Condition of a Public Building.

August 4, 2022

In re Estate of Davies.

2022 COA 90. No. 21CA0295. Wills—Colorado Uniform Guardianship and Protective Proceedings Act—Conservator—Property of Protected Person—Required Court Approval.

August 4, 2022

In re Estate of Chavez.

2022 COA 89. No. 20CA1125. Power of Attorney—Civil Theft—Breach of Fiduciary Duty—Unjust Enrichment—Promissory Estoppel—Treble Damages.            

August 4, 2022

People in the Interest of T.W.

2022 COA 88. No. 21CA1331. Dependency and Neglect—Subject Matter Jurisdiction—Authority to Act—Deferred Adjudication—Allocation of Parental Responsibilities.

July 28, 2022

Scholle v. Ehrichs.

2022 COA 87. No. 20CA2051. Health-Care Availability Act—Damages—Limitation of Liability—Collateral Source Evidence—Contract Exception.

July 28, 2022

Portley-El v. Department of Corrections.

2022 COA 86. No. 20CA1992. Colorado Department of Corrections—Prisoner’s Commitment Name—Religious Land Use and Institutionalized Persons Act—Mootness—Voluntary Cessation Exception.

July 28, 2022

Giron v. Hice.

2022 COA 85. No. 20CA1603. Colorado Governmental Immunity Act—Sovereign Immunity Waiver—Operation of Motor Vehicle Owned or Leased by Public Entity—Emergency Vehicle Exception.

July 28, 2022

People v. Whiteaker.

2022 COA 84. No. 20CA1339. Double Jeopardy—Fifth Amendment—Presumption of Innocence—Lesser Included Offenses—Jury Instructions.

July 28, 2022

People v. Garcia.

2022 COA 83. No. 19CA1629. Motor Vehicle Theft—Disqualification of Judge—Structural Error—Sufficiency of Evidence.

July 28, 2022

People v. Lancaster.

2022 COA 82. No. 18CA2319. Bribery—Official Proceedings—Sexual Assault—Prior Act Evidence.

July 28, 2022

People in the Interest of C.C.

2022 COA 81. No. 21CA1411. Dependency and Neglect—Adjudicatory Jury Trial—Conversion of Jury Trial to Bench Trial—Waiver of Right to Jury Trial.

July 21, 2022

In re Marriage of Thorburn.

2022 COA 80. No. 21CA1006. Post-Dissolution of Marriage Proceeding—Motion to Restrict Parenting Time—Emergency Motion—Endangerment—Imminent—New Evidence—Jurisdiction.

July 21, 2022

Stickle v. County of Jefferson.

2022 COA 79. No. 21CA0439. Premises Liability—Colorado Governmental Immunity Act—Immunity—Partial Waiver—Dangerous Condition of a Public Building.

July 21, 2022

Leonard v. Interquest.

2022 COA 78. No. 21CA0666. Colorado Open Records Act—Documents Evidencing Receipt or Expenditure of Public Funds—Care, Custody, or Control of Documents.

July 14, 2022

Nakauchi v. Cowart.

2022 COA 77. No. 21CA0318. Due Process—Child Support—Income Withholding Orders.

July 14, 2022

Nation SLP, LLC v. Bruner.

2022 COA 76. No. 21CA0223. Forum Non Conveniens—Final Judgment on the Merits—Issue Preclusion.

July 14, 2022

People v. Crabtree.

2022 COA 73. No. 20CA0629. DUI—Prior Convictions—Penalties for Traffic Offenses Involving Drugs and Alcohol.

July 14, 2022

People in the Interest of M.W.

2022 COA 72. No. 21CA1768.  Juvenile Court—Dependency and Neglect—Remote Testimony—Sex Offender Management Board Evaluation—Appealable Orders.

July 7, 2022

People v. Archer.

2022 COA 71. No. 19CA1364.  Child Abuse Resulting in Death—Sufficiency of Evidence—Expert Scientific Evidence—Co-Conspirator Statements.

July 7, 2022

People v. Lopez.

2022 COA 70. No. 19CA1727.  Colorado Constitution—Amendment 64—Exploratory Dog Sniff of a Vehicle’s Exterior—Probable Cause.

June 30, 2022

Petition of J.N.

2022 COA 69. No. 19CA1425.  Dependency and Neglect—Notice—Service by Publication—Due Process—CRCP 60(b)—Timeliness.

June 30, 2022

People v. Johnson.

2022 COA 68. No. 18CA2337.  Youth Offender System—Sentencing—Revocation.

June 30, 2022

United States v. Biggs Farley.

No. 21-8013. D.Wyo. Judge Ebel. Reasonableness of Sentence—Sentencing Guidelines—Plain Error Review.

June 13, 2022

United States v. Shamo.

No. 20-4116. D.Utah. Judge Hartz. Fentanyl Distribution—Continuing Criminal Enterprise—Sufficiency of the Evidence—Admissibility—Harmless Error—Prosecutorial Misconduct—Constitutionality of Life Sentence.

June 6, 2022

Tucker v. Faith Bible Chapel International.

No. 20-1230. D.Colo. Judge Ebel. Title VII Race Discrimination Claim—Religious Employer—Finality Requirement—Collateral Order Doctrine—Ministerial Exception Defense—Summary Judgment.

June 6, 2022

Shaw v. Schulte.

Nos. 21-3130 & 21-3131. D.Kan. Judge McHugh. 42 USC § 1983—Summary Judgment—Qualified Immunity—K-9 Sweeps.

June 6, 2022

United States v. Starks.

No. 19-3256.  D.Kan. Judge Holmes. Presumption of Innocence—Prosecutorial Misconduct—Admissibility of Evidence—Fed. R. Evid. 702—Pretrial Presentation of Jury Instructions—Cumulative Error—Plain Error.

May 23, 2022

People v. Smith.

2022 CO 38. No. 22SA58. Interlocutory Appeal—Suppression of Evidence—Fourth Amendment—Warrantless Search of an Automobile—Probable Cause—Law Enforcement Hunches—Piling Hunch upon Hunch—Totality of the Circumstances—Consideration of Both Facts Supporting Probable Cause and Those Militating Against It.

June 27, 2022

Chan v. HEI Resources, Inc.

2022 CO 36. No. 20SC595. Colorado Securities Act—Investment Contracts—General Partnerships.

June 27, 2022

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

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