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From the Courts

Colorado Court Case Summaries

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People v. Medina.

2021 COA 124. No. 19CA1196. Alford Plea—Waiver of Factual Basis of Charge—Due Process—Crim. P. 11.

September 23, 2021

In re Marriage of Thomas.

2021 COA 123. No. 20CA1726.  Separation Agreement—Parenting Plan—Joint Decision-Making—School Choice—Parental Deadlock—Tiebreaking.

September 16, 2021

In re Francis v. Wegener.

2021 CO 66. No. 21SA147. Right of Access—Supervisory Power of the Court—Injunction Against Self-Representation.

September 13, 2021

Harvey v. Centura & Manzanares v. Centura.

2021 CO 65. Nos. 20SC261 & 20SC784. Hospital Lien Statute—Medicare as Secondary Payer—Primary Medical Payer of Benefits—Liability and Casualty Insurance.

September 13, 2021

McDonald v. People.

2021 CO 64. No. 20SC354. Colorado Organized Crime Control Act—Statutory Interpretation—Double Jeopardy.

September 13, 2021

People v. Sanchez.

2021 CO 63. No. 20SC47. Searches and Seizures—Expectation of Privacy—Search of a Curtilage.

September 13, 2021

People v. Tafoya.

2021 CO 62. No. 20SC9. Searches and Seizures—Expectation of Privacy—Search of a Curtilage.

September 13, 2021

People v. Vanderpauye.

2021 COA 121. No. 18CA0792.  Sexual Assault—Self-Serving Hearsay—Excited Utterance—Cold Expert Testimony—Jury Instruction—Intoxication.

September 9, 2021

People v. Draper.

2021 COA 120. No. 18CA0488.  Jury Instructions—Universal Malice—Voluntary Intoxication—Uniform Mandatory Disposition of Detainers Act—Consolidation—Hearsay—Equal Protection.

September 9, 2021

People v. Pellegrin.

2021 COA 118. No. 18CA1487.  Revenge Porn—Stalking—Harassment—Private Intimate Parts—Sixth Amendment—Lesser included Offense—Domestic Violence.

September 2, 2021

In re the Marriage of Cerrone.

2021 COA 116. No. 20CA0816.  CRS § 14-10-122(2)(a)(III)—Maintenance Obligation—Nonmodification Clause.

August 26, 2021

In re Estate of Gallegos.

2021 COA 115. No. 20CA0721.  Probate—Intestate Succession—Adoption—Termination of Parent-Child Relationship.

August 26, 2021

Lupia v. Medicredit, Inc.

No. 20-1294.  D.Colo. Judge Tymkovich. Fair Debt Collection Practices Act—Summary Judgment—Standing—Bona Fide Error Defense.

August 16, 2021

United States v. Hald.

No. 20-3195. D.Kan. Judge Hartz. Motion for Compassionate Release—18 USC § 3582(c)(1)(A)—18 USC § 3553(a) Factors.

August 2, 2021

United States v. Tafuna.

No. 20-4078.  D.Utah. Judge Baldock. Fourth Amendment—Motion to Suppress—Investigative Detention—Consensual Encounter.

July 26, 2021

Duda v. Elder.

No. 20-1416.  D.Colo. Judge Matheson. First Amendment Retaliation—42 USC § 1983—Summary Judgment—Qualified Immunity.

July 26, 2021

United States v. Woodard.

No. 20-5004.  N.D.Okla. Judge Bacharach. Fourth Amendment—Motion to Suppress—Impoundment Policy—Impoundment as Pretext to Investigate.

July 26, 2021

303 Creative, LLC v. Elenis.

No. 19-1413. D.Colo. Judge Briscoe. Colorado Anti-Discrimination Act—First Amendment Free Speech—First Amendment Free Exercise Clause—Due Process—Vagueness and Overbreadth.

July 26, 2021

United States v. Maldonado-Passage.

No. 20-6010.  W.D.Okla. Judge Phillips. Murder-for-Hire Plot—Fed. R. Evid. 615—Crime Victims’ Rights Act—Grouping of Convictions for Sentencing—US Sentencing Guidelines.

July 12, 2021

United States v. Mjoness.

No. 20-8029.  D.Wyo. Judge McHugh. 18 USC § 875(c)—Crime of Violence—18 USC § 924(c)—Modified Categorical Approach—Elements versus Means.

July 12, 2021

Dalton v. Reynolds.

No. 19-2047.  D.N.M. Judge Tymkovich. Murder–Suicide—Disparate Treatment of Domestic Violence Victims—42 USC § 1983 Claims—Equal Protection—Qualified Immunity.

June 28, 2021

United States v. Broadway.

No. 20-1034. D.Colo. Judge Tymkovich. First Step Act—Fair Sentencing Act—US Sentencing Guidelines—Statutory Interpretation.

June 21, 2021

People v. Ong.

2021 COA 113. No. 19CA2230.  Competency to Proceed—Termination of Proceedings—Final Appealable Order.

August 19, 2021

People v. Jennings.

2021 COA 112. No. 18CA1934.  Guilty Plea—Waiver of Appeal Right—Actual Bias.

August 19, 2021

People v. Caswell.

2021 COA 111. No. 18CA0464.  Cruelty to Animals—Prior Convictions.

August 19, 2021

People v. Gutierrez.

2021 COA 110. No. 17CA0534.  First Degree Murder—Conspiracy to Commit Murder—Joint Trial—Limiting Instructions.

August 19, 2021

People v. Brothers.

2021 COA 109. No. 21CA0282.  Criminal Law—Preliminary Hearing—Timeliness.

August 12, 2021

People v. Wright.

2021 COA 106. No. 18CA1408.  Harassment—Second Degree Burglary—Right to Counsel—Right to be Present—Sentencing—Gross Disproportionality—Proportionality Review.

August 12, 2021

People v. Stone.

2021 COA 104. No. 19CA1772. Fourth Amendment—Warrantless Search—Consent Exception—Evidence.

August 5, 2021

People v. Curtis.

2021 COA 103. No. 18CA0480. Election Law—Mail Ballot Offense—Forgery—Equal Protection—Lesser Included Offense—Prosecutorial Misconduct.

August 5, 2021

People v. Johnson.

2021 COA 102. No. 18CA1212.  Unlawful Purchase of Firearms—Straw Purchaser Statute—Transfer of Firearm.

July 29, 2021

People v. Menges.

 6/18/2021. No. 21PDJ036. Conditional Admission of Misconduct—Attorney Publicly Censured.

July 2021

People v. Layton.

No. 19PDJ056 (consolidated with No. 20PDJ030). Opinion Imposing Sanctions—Attorney Suspended. 5/14/2021.

July 2021

People v. Burton.

No. 21PDJ009. 6/10/2021. Reciprocal Discipline—Attorney Suspended.

July 2021

People v. Becnel III.

No. 21PDJ018. 5/26/2021. Stipulation to Reinstatement—Attorney Reinstated.

July 2021

In re the Marriage of Martin.

2021 COA 101. No. 20CA0835.  Postjudgment Relief—CRCP 16.2(e)(10)—Domestic Relations Disclosures—Attorney Fees.

July 22, 2021

In re the Marriage of Vega.

2021 COA 99. No. 19CA2343.  Dissolution of Marriage—Response—Default Hearing—Magistrate—Consent.

July 22, 2021

People v. Barajas.

2021 COA 98. No. 17CA2332.  Jury Trial—Bifurcation—Colorado Uniform Jury Selection Service Act—Right to Be Present at Trial—Right to Confront Witnesses.

July 22, 2021

People v. Counterman.

2021 COA 97. No. 17CA1465. Stalking—First Amendment—True Threats—Jury Instruction—Simple Variance.

July 22, 2021

In re Marriage of Young.

2021 COA 96. No. 20CA1023.  Family Law—Motion to Modify Spousal Maintenance—CRS § 14-10-114(3)(a)(I) Factors.

July 15, 2021

People v. Landis.

2021 COA 92. No. 17CA1449.  Sentencing—Probation Conditions—Sex Offender Intensive Supervision Probation—First Amendment.

July 8, 2021

People v. Valera-Castillo.

2021 COA 91. No. 16CA0049.  Fourteenth Amendment—Equal Protection—Juries—Batson Challenge.

July 8, 2021

Winston v. Polis.

2021 COA 90. No. 21CA0079.  Constitutional Law—Separation of Powers—Subject Matter Jurisdiction.

July 1, 2021

People in the Interest of J.M.M.

2021 COA 88. No. 20CA0195.  Juvenile Delinquency—Sexual Assault on a Child—Sex Offender Registration—Petition for Removal from Registry.

July 1, 2021

Fitisemanu v. United States.

Nos. 20-4017 & 20-4019.  D.Utah. Judge Lucero. Fourteenth Amendment Citizenship Clause—American Samoa—Unincorporated Territories—Insular Cases.

June 14, 2021

United States v. Jean-Pierre.

No. 20-1039.  D.Colo. Judge McHugh. Securities Fraud—Fed. R. Evid. 404(b)—Harmless Error—Jury Instructions.

June 14, 2021

Doe v. University of Denver.

No. 19-1359. D.Colo. Judge Tymkovich. Title IX Sex Discrimination—Sexual Misconduct Investigation—Summary Judgment—Reasonable Inference.

June 14, 2021

United States v. Maley.

No. 20-2073. D.N.M. Judge Kelly. 28 USC § 2255 Motion—Ineffective Assistance of Counsel—Fourth Amendment—Plain View—Probable Cause.

June 14, 2021

Truman v. Orem City.

No. 19-4133. D.Utah. Judge Tymkovich. 42 USC § 1983—Qualified Immunity—Prosecutorial Misconduct—Fabrication of Evidence—Summary Judgment—Failure to Preserve Issue on Appeal.

June 21, 2021

United States v. Suggs.

No. 19-1487. D.Colo. Judge Baldock. Fourth Amendment—Particularity Requirement—Severability Doctrine—Good Faith Exception to Exclusionary Rule.

May 31, 2021

In re People v. Sherwood.

2021 CO 61. No. 21SA85. Declaration of Mistrial under Crim. P. 24(c)(4)—COVID-19 Pandemic—Tolling of Speedy Trial Period under CRS § 18-1-405(6)(e)—Computation of New Speedy Trial Deadline Following Declaration of Mistrial.

June 28, 2021

In re People v. Sprinkle.

2021 CO 60. No. 21SA3. Open Records—Subject Matter Jurisdiction—Statutory Interpretation—Original Jurisdiction.

June 28, 2021

People in the Interest of T.B.

2021 CO 59. No. 19SC690. Colorado Sex Offender Registration Act—Juveniles—Cruel and Unusual Punishment.

June 28, 2021

Strepka v. People.

2021 CO 58. No. 20SC401. Disposition of Property Seized—Loss or Termination of Jurisdiction.

June 21, 2021

Leyba v. People.

2021 CO 54. No.19SC806. Criminal Law—Custodial Interrogation—Miranda—Fifth Amendment.

June 21, 2021

People v. Daley.

2021 COA 85. No. 17CA1328. Sexual Assault on a Child by One in a Position of Trust—Pattern of Sexual Abuse—Aggravated Incest—Internet Sexual Exploitation of a Child—Contributing to the Delinquency of a Minor—Constitutional Right to be Present at Trial—Jurors Sleeping—Motion for New Trial—Testimony.

June 24, 2021

Rule Change 2021(14)

Colorado Rules of Probate Procedure and Colorado Probate Code Forms. Rules 40 and 57. Forms 813, 822, 824, 825, 826, 827, 828, 829, 830, 834, 835, 843, 850, 877, 882, 885, 897, 910, 913, 914, 916, 919, 920, 921, 922, 924, 926, 940, 990, and 991.

June 17, 2021

People v. King.

No. 21PDJ023. 4/22/2021. Conditional Admission of Misconduct—Attorney Suspended.

June 2021

People v. Cimino.

No. 21PDJ027. 5/13/2021. Conditional Admission of Misconduct—Attorney Suspended.

May 2021

People v. Rainey.

2021 CO 53. No. 20SA422. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a Multi­Count Case.

June 14, 2021

People v. Coleman.

2021 CO 52. No. 20SA421. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a Multi­Count Case—Crime of Violence Statute.

June 14, 2021

People v. Lowe.

2021 CO 51. No. 20SA373. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a Multi­Count Case—Crime of Violence Statute.

June 14, 2021

People v. Keen.

2021 CO 50. No. 20SA423. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a Multi­Count Case—Crime of Violence Statute.

June 14, 2021

People v. Manaois.

2021 CO 49. No. 20SA375. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a Multi­Count Case—Crime of Violence Statute.

June 14, 2021

Nieto v. Clark’s Market.

2021 CO 48. No. 19SC553. Statutes—Labor and Employment—Colorado Wage Claim Act—Vacation Pay—Nonwaiver of Employee Rights.

June 14, 2021

Winninger v. Kirchner.

2021 CO 47. No. 21SA87. Standing—Statutory Construction—Civil Theft—Theft of Medical Records or Information.

June 14, 2021

People v. Vigil.

2021 CO 46. No. 20SA240. Criminal Code—Serious Bodily Injury—Substantial Risk of Death.

June 14, 2021

Rule Change 2021(13)

Rules Governing Admission to the Practice of Law in Colorado. Rules 202.2, 204.1, 204.2, 204.3, 204.4, 204.5, 204.6, 205.1, 205.2, 209.2, 210.2, 227

May 20, 2021

Rule Change 2021(10)

Colorado Rules of Professional Conduct. Rules 1.1, 1.3, 1.15D, 1.15E, 5.4, and 5.5

May 20, 2021

Rule Change 2021(07)

Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Education Fund for Client Protection and Mandatory Continuing Legal Education and Judicial Education. Rules 241, 242, 242.1, 242.2, 242.3, 242.4, 242.5, 242.6, 242.7, 242.8, 242.9, 242.10, 242.11, 242.12, 242.13, 242.14, 242.15, 242.16, 242.17, 242.18, 242.19, 242.20, 242.21, 242.22, 242.23, 242.24, 242.25, 242.26, 242.27, 242.28, 242.29, 242.30, 242.31, 242.32, 242.33, 242.34, 242.35, 242.36, 242.37, 242.38,  242.39, 242.40, 242.41, 242.42, 242.43, 243, 243.1, 243.2, 243.3, 243.4, 243.5, 243.6, 243.7, 243.8, 243.9, 243.10, 243.11, 243.12, 243.13, 244, 244.1, 244.2, 244.3, 244.4, 251, 251.2, 251.3, 251.4, 251.5,  251.6, 251.7, 251.8, 251.8.5, 251.8.6, 251.9, 251.10, 251.11, 251.12, 251.13, 251.14, 251.15, 251.16, 251.17, 251.18, 251.19, 251.20, 251.21, 251.22, 251.23, 251.27, 251.28, 251.29, 251.30, 251.31, 251.32, 251.33, 251.34, and 253 AND Rules 250.3, 250.7, 254, and 255

May 20, 2021

Rule Change 2021(06)

Uniform Local Rules for All State Water Court Divisions. Chapter 36 Uniform Local Rules for All State Water Court Divisions Note and Rule 11

May 3, 2021

Rule Change 2021(05)

Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education. Rules 250.1, 250.2, 250.6, 250.9 and 250.10

April 15, 2021

Rule Change 2021(04)

Rules Governing Admission to the Practice of Law in Colorado. Rules 203.2, 203.3, 205.3, 205.4, 205.6, 208.2, and 209.5

April 15, 2021

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