2022 COA 1. No. 18CA2334. Deadly Weapon—Arson—Crime of Violence—Sentence Enhancer—Attempted Criminal Mischief—Attempted First Degree Arson—Attempted Extreme Indifference Murder—Lesser Included Offense—Merger.
2022 CO 3. No. 20SC583. “Force Against Intruders” Statute—“Make My Day” Statute—CRS § 18-1-704.5—Immunity from Criminal Prosecution for Use of Deadly Physical Force—Justification and Exemptions from Criminal Responsibility—Affirmative Defenses—Dwelling—CRS § 18-1-901(3)(g).
No. 18-1366. D.Colo. Judge Matheson. Federal Intelligence Surveillance Act—§ 702 Warrantless Surveillance—Fourth Amendment—Separation of Powers—Discovery and Disclosure Requirements with Classified Information—Sixth Amendment Right to Speedy Trial.
Rules Governing Lawyer Discipline and Disability Proceedings, Protective Appointment of Counsel, Continuing Legal and Judicial Education, Attorneys’ Fund for Client Protection, and Lawyer Assistance Programs
No. 20-2147. D.N.M. Judge Kelly. Impersonating a Government Employee—Response to Jury Inquiry—Adequate Explanation for Special Conditions—Plain Error—Conflict Between Oral Order and Written Sentencing Order.
No. 20-2055. D.N.M. Judge Matheson. Sexual Harassment—Timeliness of Appeal—Employer versus Independent Contractor Determination—Joint Employer Doctrine—Motion for Discovery—Motion to Amend Pleadings—Premises Liability.
No. 20-1182. D.Colo. Judge Ebel. Freedom of Information Act Exemptions 4, 6, and 7(C)—US Fish and Wildlife Service Declaration for Importation or Exportation of Fish and Wildlife—Inadmissible Hearsay—Summary Judgment Affidavit.
No. 19-4140. D.Utah. Judge Ebel. Child Pornography Convictions—Revocation of Probation—Special Conditions of Supervised Release—Absolute Prohibition on Computer and Internet Use—18 USC § 3583(d)(2)—Waiver versus Forfeiture—Plain Error.