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From the Courts

Colorado Court Case Summaries

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United States v. Yellowhorse.

No. 23-2011. 11/21/2023. D.N.M. Judge Bacharach. Admissibility of Out-of-Court Self-Incriminating Statements—Fed. R. Evid. 802 and 804(b)(3)—Hearsay Exception.

December 5, 2023

Stetson v. Edmonds.

No. 22-1285 & 23-1020. 11/15/2023. D.Colo. Judge Carson. Litigant Fraud and Deceit—Sanctions—Dismissal of Claims—Attorney Fees and Costs—Summary Judgment.

November 15, 2023

United States v. Taylor.

No. 22-6114. 11/14/2023. W.D.Okla. Judge Hartz. 18 USC § 922(g)—Guilty Plea—Waiver of Double Jeopardy Claim—Separate Possessions.

November 14, 2023

Estate of George v. City of Rifle.

No. 22-1355. 11/9/2023. D.Colo. Judge Briscoe. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.

November 9, 2023

United States v. Brown.

No. 22-6175. 11/7/2023. W.D.Okla. Judge Kelly. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.

November 7, 2023

Grubb v. DPX Enterprises.

No. 22-5073. 10/30/2023. N.D.Okla. Judge Hartz. Employment Agreement—Implied Duty of Good Faith and Fair Dealing—Breach of Contract—Partnership—Tort Claims.

October 30, 2023

Tender Care Veterinary Center v. Lind-Barnett.

2023 COA 114. No. 22CA1611. Defamation—Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—Special Motion to Dismiss—Issue of Public Interest—Public Issue.

November 30, 2023

People v. Cooper.

2023 COA 113. No. 22CA0914. Postconviction Remedies—Retroactive Application of Changed Legal Standard—Constitutional Rule of Criminal Procedure.

November 30, 2023

People v. Poot-Baca.

2023 COA 112. No. 20CA1153. Identity Theft—Criminal Possession of a Financial Device—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses.

November 30, 2023

People v. Riley.

No. 23PDJ055. 10/13/2023. Stipulation to Discipline.

December 4, 2023

People v. Muscato.

No. 23PDJ057. 10/23/2023. Stipulation to Discipline.

December 4, 2023

People v. Menges.

No. 23PDJ049. 9/25/2023. Stipulation to Discipline.

December 4, 2023

People v. Buckley.

No. 23PDJ009. 9/26/2023. Opinion Imposing Sanctions.

December 4, 2023

Nicola v. Grand Junction.

2023 COA 111. No. 22CA0656. Wrongful Death—Death of Person Under Disability—Survival Claims—One Civil Action Rule—Limitation on Damages.

November 22, 2023

People v. Mion.

2023 COA 110. No. 21CA1230. Affirmative Defenses—Involuntary Intoxication.

November 22, 2023

Garcia v. Colorado Cab Co.

2023 CO 56. No. 21SC895. Torts—Negligence—Proximate Cause—Rescue Doctrine—Foreseeability—Issues of Law or Fact in General.

November 14, 2023

Perez v. By the Rockies, LLC.

2023 COA 109. No. 22CA1791. Colorado Wage Claim Act—Colorado Minimum Wage Act—Limitation of Actions—Recovery of Balance of Minimum Wage—General Six-Year Limitation of Actions.

November 16, 2023

Gresser v. Banner Health.

2023 COA 108. No. 22CA1502. Health Care Availability Act Liability Limit—Award in Excess of Limitation—Expert Testimony—Suggestion of Collusion.

November 16, 2023

Gebert v. Sears, Roebuck & Co.

2023 COA 107. No. 22CA0887. Personal Injury—Negligence—Vicarious Liability—Limitations on Damages for Noneconomic Loss or Injury—Seventh Amendment—Right to Civil Jury Trial.

November 9, 2023

People v. Mickey.

2023 COA 106. No. 21CA1407. Sentencing—Assessment of Restitution—Good Cause to Extend Trial Court’s Deadline—Harmless Error.

November 9, 2023

People v. Munoz-Diaz.

2023 COA 105. No. 21CA0886. Fifth Amendment—Fourteenth Amendment—Due Process—Voluntariness of Statements—Admission of DNA Evidence.

November 9, 2023

People v. Jones.

2023 COA 104. No. 20CA1568. Affirmative Defenses—Self-Defense—Use of Physical Force in Defense of a Person—Use of Deadly Physical Force Against an Intruder—Confrontation Clause—Prosecutorial Misconduct.

November 9, 2023

Rudnicki v. Bianco.

2023 COA 103. No. 22CA1246. Medical Malpractice—Pre-Majority Medical Expenses—Interest on Damages—Prejudgment Interest—Health Care Availability Act—Limitation of Liability—Law of the Case.

November 2, 2023

People v. Salazar.

2023 COA 102. No. 22CA0331. Jury Instructions—Sexual Assault on a Child by One in a Position of Trust—Statutory Elements—Knowingly—Position of Trust—CRE 404(a)—Testimony Regarding Probable Cause—Prosecutorial Misconduct.

November 2, 2023

Puerta v. Newman.

2023 COA 100. No. 22CA2021. Remedies—Damages—Civil Action for Deprivation of Rights—Peace Officers—Standing.

October 26, 2023

People v. Bice.

2023 COA 98. No. 22CA0600. Level 1 Drug Felony—Conspiring to Sell or Distribute a Controlled Substance—Penalties for Criminal Conspiracy—Exceptions for Offense Levels Otherwise Provided by Law.

October 26, 2023

People v. Walthour.

2023 CO 55. No. 23SA125. Discovery—DUI—Trial Court Discretion.

October 23, 2023

People v. Seymour.

2023 CO 53. No. 23SA12. Fourth Amendment—Searches and Seizures—Internet—Probable Cause—Expectation of Privacy—Possessory Interests—Particularity—Nexus—Warrants—Good Faith—First Amendment—Expressive Conduct.

October 16, 2023

People v. Tanner.

2023 COA 97. No. 22CA2178. Careless Driving—Unit of Prosecution.

October 19, 2023

People v. Price.

2023 COA 96. No. 20CA1960. Patronizing a Prostituted Child—Pimping of a Child—Forgery—Colorado Organized Crime Control Act—Enterprise—Colorado Constitution, Article II—Equal Protection—Habitual Criminal Sentence Enhancer.

October 19, 2023

People v. Tice.

No. 23PDJ047. 9/15/2023. Opinion Imposing Sanctions.

October 13, 2023

People v. Romero.

No. 22PDJ025 (consolidated with 22PDJ048). 9/5/2023. Opinion Imposing Sanctions.

October 13, 2023

People v. Parker.

No. 22PDJ069. 9/1/2023. Stipulation to Discipline.

October 13, 2023

People in the Interest of Ramsey.

2023 COA 95. No. 23CA1100. Treatment of Persons With Mental Health Disorders—Involuntary Medication Administration—Certification for Short-Term Treatment—Hearing Procedures—Medina Factors.

October 12, 2023

Dorsey v. People.

2023 CO 51. No. 21SC856. CRS § 18-3-412.5, Failure to Register as a Sex Offender—Recidivist Provision—Class 6→Class 5 Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.

October 3, 2023

Caswell v. People.

2023 CO 50. No. 21SC749. CRS § 18-9-202, Cruelty to Animals—Recidivist Provision—Misdemeanor→Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.

October 3, 2023

Wyoming Gun Owners v. Gray.

Nos. 22-8019 & 22-8021. 10/11/2023. D.Wyo. Judge Tymkovich. Wyoming Campaign Finance Law—42 USC § 1983—Vagueness Challenges—Pre-Enforcement Challenges—Functional-Equivalent Standard—Attorney Fees under 42 USC § 1988.

October 11, 2023

United States v. Nunez-Carranza.

No. 22-2100. 10/11/2023. D.N.M. Judge Ebel. Removal Proceedings—US Sentencing Guidelines—Section 3553(a) Sentencing Factors—Downward Variance Request—Sentencing Court’s Duty to Explain Sentencing Decision.

October 11, 2023

Farmers Insurance Exchange v. Kretzer.

2023 COA 94. No. 22CA1804. Motor Vehicles—Automobile Insurance Policies—Uninsured/Underinsured Coverage—Named Driver Exclusion.

October 5, 2023

Brookhart v. Reaman.

2023 COA 93. No. 22CA1119. Colorado Open Records Act—Allowance or Denial of Inspection—Library Records Disclosing the Identity of a User—Privacy of User Records.

October 5, 2023

People v. Mortenson.

2023 COA 92. No. 21CA1364. Aggravated Robbery—Theft—Entry of Conviction on Remand—Lesser Included Offenses.

October 5, 2023

People v. Hollis.

2023 COA 91. No. 20CA1746. Undercover Controlled Drug Buys—Restitution—Money Advanced by Law Enforcement Agencies—Extraordinary Public Investigative Costs.

October 5, 2023

United States v. Streett.

No. 22-2056. 10/5/2023. D.N.M. Judge Ebel. Search Warrant—Inevitable Discovery Doctrine—Probable Cause—Constitutionality of 18 USC § 2251(a).

October 5, 2023

Brayman v. KeyPoint Government Solutions, Inc.

Nos. 22-1118 & 22-1168. 10/3/2023. D.Colo. Judge Hartz. Arbitration Agreement—Fair Labor Standards Act—Class Action Lawsuit—Class Certification—State Law Claims—Fed. R. Civ. Proc. 23.

October 3, 2023

People in the Interest of C.D.P.

2023 COA 90. No. 22CA2074. Juvenile Court—Dependency and Neglect—Uniform Parentage Act—Psychological Parent.

September 28, 2023

Anderson v. Senthilnathan.

2023 COA 88. No. 22CA0858. Defamation—Issue of Public Concern—Anti-SLAPP Statute—Special Motion to Dismiss.

September 28, 2023

Gonzales v. Hushen.

2023 COA 87. No. 22CA0696. Defamation—Intentional Infliction of Emotional Distress—Anti-SLAPP Statute—Special Motion to Dismiss—Quasi-Judicial Proceedings—Absolute Immunity—Title IX Investigations.

September 28, 2023

People v. C.H.

2023 COA 86. No. 21CA1136. Sealing Criminal Conviction and Criminal Justice Records—Sealing Criminal Justice Records Other Than Convictions—Deferred Judgments—Eighth Amendment.

September 28, 2023

United States v. Coates.

No. 22-3122. 9/18/2023. D.Kan. Judge Murphy. Presentence Investigation Report—Pattern of Activity Sentence Enhancement—US Sentencing Guidelines Commentary.

September 18, 2023

Waetzig v. Halliburton Energy Services, Inc.

No. 22-1252. 9/11/2023. D.Colo. Judge Tymkovich. Jurisdiction to Reopen Case—Vacatur of Arbitration Award—Fed. R. Civ. Proc. 41(a)—Fed. R. Civ. Proc. 60(b).

September 11, 2023

United States v. Leon.

No. 22-1070. 9/11/2023. D.Colo. Judge Seymour. Traffic Stop—Reasonable Suspicion—Rodriguez Moment—Drug Trafficking.

September 11, 2023

United States v. Britt.

No. 22-7012. 8/31/2023. E.D.Okla. Judge Briscoe. Self-Defense Jury Instruction—Imperfect Self-Defense Jury Instruction—Appropriateness of Sanctions.

August 31, 2023

McAnulty v. McAnulty.

No. 22-1099. 8/28/2023. D.Colo. Judge Hartz. Dissolution of Marriage—Requirement to Obtain and Maintain Life Insurance for Former Spouse—Failure to Obtain and Maintain Policy—Unjust Enrichment—Constructive Trust—Restatement (Third) of Restitution and Unjust Enrichment.

August 28, 2023

United States v. Martinez.

No. 21-7054. 9/26/2023. E.D.Okla. Judge Rossman. Methamphetamine Distribution—US Sentencing Guidelines—Firearms Enhancement—Safety Valve Relief.

September 26, 2023

Tolle v. Steeland, LLC.

2023 COA 84. No. 22CA0790. Landlords and Tenants—Colorado Premises Liability Act—Contracts—Arbitration Clauses—Wrongful Death—Damages—Action Notwithstanding Death.

September 21, 2023

People v. Kennedy.

2023 COA 83. No. 21CA1203. Vehicular Homicide (DUI)—Eighth Amendment—Cruel and Unusual Punishment—Proportionality Review—Per Se Grave or Serious Offenses.

September 21, 2023

People v. Schnorenberg.

2023 COA 82. No. 19CA0223. Colorado Securities Act—Securities Fraud and Other Prohibited Conduct—Material Misstatements or Omissions—Fraudulent Course of Business—Advice of Counsel Defense—Hearsay—Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time—Jury Instructions.

September 21, 2023

People in the Int. of A-J.A.B. v. H.J.B.

2023 CO 48. No. 22SC670. Indian Child Welfare Act—Termination of Parental Rights—Dependency and Neglect—Notice Requirements—Due Diligence—Statutory Interpretation.

September 11, 2023

Medina v. People.

2023 CO 46. No. No. 21SC765. Criminal Procedure—Plea of Guilty—Constitutional Law—Due Process.

September 11, 2023

Andersen v. DelCore.

No. 22-1130. 8/18/2023. D.Colo. Judge Ebel. Suspected Child Abuse—Excessive Use of Force—Summary Judgment—Qualified Immunity.

August 18, 2023

United States v. Old Rock.

No. 22-4047. 8/11/2023. D.Utah. Judge Murphy. Pretrial Detainee—Use of Force—Qualified Immunity—Summary Judgment.

August 11, 2023

United States v. Canada.

No. 21-3202. 8/8/2023. D.Kan. Judge Carson. Warrantless Search—Protective Sweeps—Fourth Amendment Search and Seizure—Reasonable Suspicion.

August 8, 2023

Kazi v. KFC US, LLC.

No. 22-1017. 8/4/2023. D.Colo. Judge Hartz. Franchise Agreement— Breach of Implied Covenant of Good Faith and Fair Dealing—Kentucky Law.

August 4, 2023

United States v. Akers.

No. 21-3226. 8/4/2023. D.Kan. Judge Murphy. Chronic Abuse of the Court System—Frivolous Motions—Appropriateness of Sanctions.

Boulter v. Noble Energy Inc.

Nos. 21-1384 & 22-1170. 7/25/2023. D.Colo. Judge Carson. Colorado Oil and Gas Conservation Commission— Subject Matter Jurisdiction—Exhaustion of Administrative Remedies—Issue Preclusion— Change in Law—Unpublished Colorado Court of Appeals Opinion—Appellate Jurisdiction.

July 25, 2023

People in Interest of J.R.M.

2023 COA 81. No. 22CA1578. Juvenile Court—Trial by Jury or by the Court—Waiver of Statutory Right to Jury Trial.

September 14, 2023

Colorado Workers for Innovative and New Solutions v. Gherardini.

2023 COA 80. No. 22CA1260. State Administrative Procedure Act—Colorado Partnership for Quality Jobs and Services Act—Hearings and Determinations—Initial Decisions—Judicial Review—Final Agency Action—Colorado State Labor Relations Rules—Appeals of Coverage Decisions by the State Personnel Director.

September 14, 2023

Gomez v. Walker.

2023 COA 79. No. 22CA0463. Limitation of Actions—General Limitation of Actions Three Years—Computation of Time.

September 14, 2023

People v. Woodyard.

2023 COA 78. No. 19CA0376. Money Laundering—Colorado Organized Crime Control Act—Conspiracy—Fourth Amendment—Police Surveillance—Reasonable Expectation of Privacy.

September 14, 2023

Romney v. People.

No. 23PDJ018. 8/23/2023. Stipulation to Reinstatement.

September 15, 2023

People v. Cornejo.

No. 21PDJ085 (consolidated with Nos. 22PDJ026 and 22PDJ057). 6/13/2023. Opinion Imposing Sanctions.

September 15, 2023

Reynolds v. Great Northern Insurance Co.

2023 COA 77. No. 22CA1305. Insurance Companies—Required Disclosures—Penalty for Untimely Disclosures—One-Year Limitation of Actions for Any Penalty—Continuing Violation Doctrine.

September 7, 2023

Bertoia v. Denver Gateway.

2023 COA 76. No. 22CA1619. Lis Pendens—Spurious Document—Colorado Uniform Fraudulent Transfer Act—Supersedeas Bond—Mootness of Appeal.

August 24, 2023

People v. Bonde.

2023 COA 75. No. 21CA0137. Credit for Presentence Confinement—Community Corrections Programs—Credit Against Term of Confinement—Nonresidential Community Supervision.

August 24, 2023

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