From the Courts
Colorado Court Case Summaries
State v. Center for Excellence in Higher Education, Inc.
2023 CO 23. No. 21SC781. Colorado Consumer Protection Act—Colorado Uniform Consumer Credit Code—Right to Jury Trial—Evidence of Unconscionability.
May 15, 2023
Liggett v. People.
2023 CO 22. No. 21SC395. Insanity—Self-Incrimination—Miranda v. Arizona—Privileged Communications and Confidentiality.
May 15, 2023
Macasero v. Ent Credit Union.
2023 COA 40. No. 21CA1421. Contracts—Arbitration Provision—Constructive Notice—Email Correspondence.
May 4, 2023
People v. Nozolino.
2023 COA 39. No. 20CA2167. Postconviction Remedies—Postconviction Counsel—Crim. P. 35(c)(3)(IV) and (V).
May 4, 2023
People v Perkins.
2023 COA 38. No. 20CA0882. Arson—National Fire Protection Association Guide for Fire and Explosion Investigations—Expert Testimony—Shreck Hearing
May 4, 2023
Front Range Feedlots, LLC v. Rein.
2023 CO 20. Nos. 22SA211 & 21SA138. Water Law—Authority of State Engineer—Mandatory Injunction by Water Court.
May 1, 2023
People v. Wake.
No. 22PDJ061. 3/23/2023. Opinion Imposing Sanctions.
May 2023
People v. Swingle.
No. 23PDJ017. 4/14/2023. Reciprocal Discipline.
May 2023
People v. Sawaya.
No. 23PDJ012. 4/17/2023. Stipulation to Discipline.
May 2023
People v. Nelson.
No. 22PDJ068. 3/23/2023. Reciprocal Discipline.
May 2023
People v. Morales.
No. 22PDJ066. People v. Morales. 4/20/2023. Stipulation to Discipline.
May 2023
People v. Hoff.
No. 22PDJ070. 3/23/2023. Reciprocal Discipline.
May 2023
People v. Hibberd.
No. 23PDJ013. 3/30/2023. Stipulation to Discipline.
May 2023
People v. Farr.
No. 23PDJ015. 4/13/2023. Stipulation to Discipline.
May 2023
People in the Interest of A.T.C.
2023 CO 19. No. 22SA323. Juveniles—Competency to Stand Trial—Statutory Interpretation—Juvenile Competency.
April 24, 2023
People v. Platteel.
2023 CO 18. No. 22SA384. Colo. Const. art. II § 16a—Victim Rights Act, CRS §§ 24-4.1-300.1 to -305—Victim’s Right to Attend “Critical Stages”—Defendant’s Ability to Compel an Unsubpoenaed Victim Attending a Preliminary Hearing to Testify—McDonald v. District Court, 576 P.2d 169 (Colo. 1978).
April 24, 2023
US Bank National Ass’n v. Silvernagel.
2023 CO 17. No. 21SC836. Statute of Limitations—Accrual of Right of Action—Acceleration of Debt.
April 24, 2023
In re Timbreza.
2023 CO 16. Imposition of Discipline for Violation of Judicial Duties.
April 24, 2023
The Gazette v. Bourgerie.
2023 COA 37. No. 21CA1880. Colorado Peace Officer Standards and Training Board—Records Requests—Colorado Criminal Justice Records Act—Colorado Open Records Act—Criminal Justice Agency—Criminal Justice Records—Records Custodian Discretion.
April 27, 2023
People v. Grudznske.
2023 COA 36. No. 19CA1928. Extreme Indifference First Degree Murder—Vehicular Homicide (DUI)—Attempted Extreme Indifference First Degree Assault—Attempted Vehicular Assault (DUI)—Equal Protection—Motion to Suppress Blood Draw Results—Jury Instructions—Admission of Evidence—Cumulative Error.
April 27, 2023
United States v. Griffith.
No. 22-7005. 4/18/2023. E.D.Okla. Judge Bacharach. Sexual Abuse of a Minor—Sexual Abuse of an Adult by Non-Fatal Threat—Expert Witness Testimony on Credibility—Fed. R. Evid. 803(4).
April 17, 2023
United States v. Hunsaker.
No. 22-7016. 4/18/2023. E.D.Okla. Judge Baldock. US Sentencing Guideline § 3B1.1(b)—Sentence Enhancement—Manager or Supervisor.
April 17, 2023
DIRTT Environmental Solutions, Inc. v. Falkbuilt Ltd.
Nos. 21-4078 & 21-4153. 4/11/2023. D.Utah. Judge Baldock. Forum non Conveniens—Available Alternative Forum—Conflict with Federal Sentencing Policy.
April 10, 2023
Graff v. Aberdeen Enterprizes, II, Inc.
No. 21-5031. 4/10/2023. N.D.Okla. Judge Murphy. Subject Matter Jurisdiction—Rooker-Feldman Doctrine—Heck Doctrine—Younger Abstention—42 USC § 1983—Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC §§ 1961 to 1968—Oklahoma State Court Proceedings.
April 10, 2023
Safeway Stores 46, Inc. v. WY Plaza, L.C.
Nos. 20-8064 & 20-8066. 4/7/2023. D.Wyo. Judge Bacharach. Contracts—Unilateral Mistake—Declaratory Judgment—Restitution—Summary Judgment—Laches—Attorney Fees.
April 3, 2023
United States v. Booker.
No. 22-7000. 3/28/2023. E.D.Okla. Judge Ebel. Supervised Release—Probation Violation—Revocation—Need for Retribution.
March 27, 2023
Notice of Public Hearing and Request for Comments: Colorado Rules of Professional Conduct
Deadline to submit Comments: September 5, 2023 at 4 p.m. | Deadline to request to Speak at Public Hearing: September 12, 2023 at 4 p.m.
April 27, 2023
In re Marriage of O’Connor.
2023 COA 35. No. 21CA1695. Grandparental Visitation Rights—Troxel Presumption—Attorney Fees.
April 20, 2023
People v. Licata.
2023 COA 34. No. 21CA0033. Mandatory Protection Order—Not Guilty by Reason of Insanity—Acquittal.
April 20, 2023
Rule Change 2023(09)
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. Rules 241, 241.1, 242.3, 250, 250.1, 250.2, 250.3, 250.6, 250.7, 250.8, 250.9, and 250.10.
April 13, 2023
People v. Davis.
2023 CO 15. No. 21SC388. Sixth Amendment—Right to Counsel—Prejudice in General.
April 10, 2023
People v. Rainey.
2023 CO 14. No. 21SC285. Sixth Amendment—Right to Counsel—Prejudice in General.
April 10, 2023
Rule Change 2023(08)
Appendix 2 to Chapters 18 to 20 Colorado Licensed Legal Paraprofessional Rules of Professional Conduct. Rules 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.15A, 1.15B, 1.15C, 1.15D, 1.15E, 1.16, 1.16A, 1.17, 1.18, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4.1, 4.2, 4.3, 4.4, 4.5, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 6.1, 6.2, 6.3, 6.4, 6.5, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2, 8.3, 8.4, 8.5, and 9.
April 13, 2023
Rule Change 2023(07)
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
April 6, 2023
USIC Locating Services LLC v. Project Resources Group Inc.
2023 COA 33. No. 22CA0138. CRCP 12(b)(6)—CRCP 19—Joinder of Parties—CRCP 41(a)(1)(A)—Voluntary Dismissal—Attorney Fees.
April 6, 2023
Madalena v. Zurich American Insurance Co.
2023 COA 32. No. 21CA1780. Administrative Law—Workers’ Compensation—Bad Faith Breach of Insurance Contract—Issue Preclusion—Claim Preclusion.
April 6, 2023
Rule Change 2023(06)
Rules Governing Admission to the Practice of Law in Colorado. Rules 207, 207.1, 207.2, 207.3, 207.4, 207.5, 207.6, 207.7, 207.8, 207.9, 207.10, 207.11, 207.12, 207.13, and 207.14
March 23, 2023
Fear v. GEICO Casualty Co.
2023 COA 31. No. 21CA2023. Motor Vehicles—Uninsured/Underinsured Motorist Coverage—Improper Denial of Claims—Damages Calculation.
March 30, 2023
Blakeland Drive Investors, LLP IV v. Taghavi.
2023 COA 30. No. 21CA1957. Toxic Substances—Trespass—Nuisance—Negligence—Damages—Pro Rata Liability.
March 30, 2023
Fontanari v. Snowcap Coal Co.
2023 COA 29. No. 21CA0983. Colorado Surface Coal Mining Reclamation Act—Colorado Mined Land Reclamation Board Review—Judicial Review—Attorney Fees.
March 30, 2023
People v. Larsen.
2023 COA 28. No. 21CA0398. Sixth Amendment—Fourteenth Amendment—Postconviction Remedies—Double Jeopardy—Right to Unanimous Jury Verdict—Due Process—Modified Unanimity Instruction.
March 30, 2023
Rule Change 2023(05)
The Colorado Appellate Rules. Rules 3, 3.1, 3.3, 3.5, 4.2, 10, 12, 25, 32, 39, and 53.
March 23, 2023
Wyo-Ben Inc. v. Haaland.
No. 20-8065. 3/20/2023. D.Wyo. Judge Holmes. Mineral Patent Application Moratorium—Moratorium Exemption—Administrative Procedure Act § 706(1)—Timeliness of Claim—28 USC § 2401(a) Statute of Limitations—Continuing Violation Doctrine—Repeated Violations Doctrine.
March 20, 2023
Western Watersheds Project v. Interior Board of Land Appeals.
No. 20-4120. 3/20/2023. D.Utah. Judge Eid. National Environmental Policy Act—Environmental Assessments—Article III Standing—Expired Permits—43 USC § 1752(c)(2)—Redressable Claims.
March 20, 2023
United States v. Anderson.
No. 21-2151. 3/14/2023. D.N.M. Judge Seymour. US Sentencing Guidelines—Sentencing Enhancement—Reasonable Suspicion—Motion to Suppress—Brady Violation.
March 13, 2023
United States v. Polk.
No. 22-5037. 3/13/2023. D.Okla. Judge Moritz. Assimilative Crimes Act—State Law Punishment—Conflict With Federal Sentencing Policy.
March 13, 2023
United States v. Wesley.
No. 22-3066. 2/28/2023. D.Kan. Judge Tymkovich. Drug Trafficking—US Sentencing Guidelines—Motions Under 28 USC § 2255—Motions Under 18 USC § 3582(c)(1)(A)(i)—Lack of Jurisdiction.
February 27, 2023
Voulgaris v. Array Biopharma, Inc.
No. 22-1003. 2/27/2023. D.Colo. Judge Carson. Federal Securities Class Action—Settlement—Shareholder Objection—Attorney Fees—Factors Affecting Award—Lodestar Calculation.
February 27, 2023
Antero Resources v. Airport Land Partners.
2023 CO 13. No. 21SCS33. Statutory Interpretation—Oil and Gas Conservation Act—COGCC Jurisdiction—Payment-of-Proceeds Disputes.
March 27, 2023
People v. Madrid.
2023 CO 12. No. 21SC505. Jury Selection—Racial Discrimination—Batson v. Kentucky—Pretext—Remand Hearings.
March 27, 2023
People v. Morse.
2023 COA 27. No. 21CA1542. Fourth Amendment—Searches and Seizures—Warrantless Search—Motion to Suppress—Private Search Doctrine—Independent Source Doctrine—Sufficiency of Evidence—Admissibility of Evidence.
March 23, 2023
Carter Holdings Inc. v. Carter.
2023 COA 26. No. 21CA1881. Dissolution of Marriage—Real Property—Lis Pendens—Spurious Liens and Documents.
March 16, 2023
Mid-Century Insurance Co. v. HIVE Construction, Inc.
2023 COA 25. No. 21CA1393. Negligence—Willful and Wanton Conduct—Economic Loss Doctrine—Invited Error—Motion for Directed Verdict.
March 16, 2023
People v. Cross.
2023 COA 24. No. 20CA0251. Sentencing—Motion for Continuance—Presentence Report—CRE 403—CRE 404(b)—Hearsay—CRE 803(3).
March 16, 2023
Rule Change 2023(04)
Public Access to Information and Records
March 2, 2023
Colorado State Board of Education v. Brannberg.
2023 CO 11. No. 21SC885. Statutory Interpretation—Judicial Review—Education Law.
March 6, 2023
People v. Willoughby.
2023 CO 10. No. 22SA254. Criminal Law—Miranda—Custody.
March 6, 2023
People v. McDonald.
2023 COA 23. No. 21CA0750. Postconviction Remedies—Sentencing—Illegal Sentence—Proportionality Review.
March 9, 2023
People v. Quillen.
2023 COA 22. No. 20CA1326. Evidence—Hearsay Exceptions—CRE 803(6)—CRE 902(11)—Confrontation Clause—Expert Testimony—Allocution.
March 9, 2023
People v. Serna-Lopez.
2023 COA 21. No. 20CA0227. Double Jeopardy—Multiplicity—Aggravated Robbery—Menacing—Possession of a Controlled Substance—Sentencing—Penalty Enhancers—Modified Unanimity Instruction—Cumulative Errors.
March 9, 2023
People v. Barclay.
No. 22PDJ071. 2/22/2023. Stipulation to Discipline.
March 10, 2023
People v. Cuellar.
2023 COA 20. No. 20CA1375. Sexual Assault—Prior Sexual Assault Evidence—Right to Counsel—Right to Remain Silent—Closing Arguments—Prosecutorial Misconduct—Misstatement of the Law—Denigration of Counsel—Cumulative Error.
March 2, 2023
Torres v. Madrid.
No. 22-2001. 2/17/2023. D.N.M. Judge Hartz. Fourth Amendment—Qualified Immunity—Excessive Force—Clearly Established Law.
February 13, 2023
Harrison v. Envision Management Holding, Inc.
No. 22-1098. 2/9/2023. D.Colo. Judge Briscoe. Employee Retirement Income Security Act—Federal Arbitration Act—Defined Contribution Plan—Plan Document Arbitration Provisions—Effective Vindication Provision—Non-Severability Clause.
February 6, 2023
Markley v. U.S. Bank National Ass’n.
No. 21-1240. 2/8/2023. D.Colo. Judge McHugh. Age Discrimination in Employment Act—Reasonable Accommodations—Interactive Process.
February 6, 2023
United States v. Kahn.
No. 19-8054. 2/3/2023. D.Wyo. Judge Briscoe. Controlled Substances Act—“Knowingly or Intentionally” Mens Rea Requirement—Burden of Proof—Harmless Error.
January 30, 2023
United States v. Doe.
No. 23-9900. 1/20/2023. D.Okla. Judge Tymkovich. Juvenile Justice and Delinquency Prevention Act—First Degree Murder—Transfer to Adult Court—Transfer Factors—Punishment.
January 16, 2023
People v. Justice.
2023 CO 9. Nos. 22SA347 & 22SA348. Court’s Authority to Order Mediation in a Criminal Case—CRS § 16-7-301(1)–(2)—CRS § 16-7-302(1)—CRS § 13-22-311.
February 27, 2023
Bara v. Industrial Claim Appeals Office.
2023 COA 19. No. 22CA0984. Colorado Employment Security Act—Unemployment Benefits—Disqualification—Violation of a Company Rule—COVID-19.Colorado Employment Security Act—Unemployment Benefits—Disqualification—Violation of a Company Rule—COVID-19.
February 23, 2023
Mitton v. Danimaxx of Colorado, Inc.
2023 COA 18. No. 19CA0984. Colorado Dram Shop Act—Civil Liability.
February 23, 2023
Rule Change 2023(03)
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
February 16, 2023
Rule Change 2023(02)
Colorado Rules of Judicial Discipline
January 19, 2023
Colorado Property Tax Administrator v. CO2 Committee, Inc.
2023 CO 8. No. 21SC393. Oil and Gas—Property Taxation—Standing—Statutory Construction.
February 21, 2023
City of Aurora v. Colorado Department of Revenue.
2023 COA 17. No. 21CA1423. Taxation—Cigarette Sales—CRS § 39-22-623(1)(a)(II)(A).
February 16, 2023
People v. Silvanic.
2023 COA 16. No. 20CA1503. Sex Offender Intensive Supervision Probation Conditions—Monitoring of Electronic Devices—Less Restrictive Means to Achieve a Legitimate Purpose.
February 16, 2023
Fontanari v. Colorado Mined Land Reclamation Board.
2023 COA 15. No. 21CA1021. Colorado Mined Land Reclamation Board Rule 3.03.2(6)(a)—Colorado Division of Reclamation, Mining and Safety—Release of Performance Bonds or Deposits—Colorado Administrative Procedure Act—Adjudicatory Hearing.
February 9, 2023
Air Solutions, Inc. v. Spivey.
2023 COA 14. No. 2020CA1998. Breach of Contract—Promissory Estoppel—Unjust Enrichment—Remedies—Damages—Specific Performance—Declaratory Judgments.
February 9, 2023
People v. Omar.
2023 COA 13. No. 20CA1607. Sentencing—Jurisdiction—Youthful Offender System—Revocation—Remedies.
February 9, 2023
People v. Vigil.
2023 COA 12. No. 20CA0090. Sentencing—Probation Conditions—Revocation—Postconviction Remedies—Fifth Amendment Right Against Self-Incrimination.
February 9, 2023
Colorado Stormwater Council v. Water Quality Control Division.
2023 COA 11. No. 21CA1781. Colorado Department of Public Health and Environment—Permits—State Administrative Procedure Act—Judicial Review—Exhaustion of Administrative Remedies.
February 2, 2023
San Juan Hut Systems, Inc. v. Board of County Commissioners.
2023 COA 10. No. 21CA1525. Counties—Regulation of Vehicles and Traffic—Right to Restrict Highway Use—Snow-Packed Conditions—Standing—Mootness—Statutory Authority.
February 2, 2023
Johnson v. People.
2023 CO 7. No. 21SC665. Statutory Interpretation—Waiver—Forfeiture—Plain Error—Plain Meaning—Jury Instructions—Constitutional Vagueness—Sufficiency of the Evidence.
February 6, 2023
People v. Storey.
No. 20PDJ063. 11/10/2022. Opinion on Remand Imposing Sanctions.
February 2023
Spurlock v. People.
No. 22PDJ046. 1/3/2023. Stipulation to Reinstatement.
February 2023
McGannon v. People.
No. 22PDJ009. 1/10/2023. Opinion Granting Reinstatement.
February 2023
People v. Grewe.
No. 22PDJ037. 12/27/2022. Stipulation to Discipline.
February 2023
People v. Braden.
No. 22PDJ065. 1/10/2023. Stipulation to Discipline.
February 2023
Betterton-Fike v. People.
No. 21PDJ079. 5/13/2022. Opinion Denying Reinstatement.
February 2023
Pinnacol Assurance v. Laughlin.
2023 COA 9. No. 21CA1678. Garnishments—Exemptions—Social Security Benefits—Child Support Payments—Custodial Accounts—Commingled Funds.
January 26, 2023
Scardina v. Masterpiece Cakeshop, Inc.
2023 COA 8. No. 21CA1142. Colorado Anti-Discrimination Act—Discrimination in Places of Public Accommodation—Failure to Exhaust Administrative Remedies—First Amendment—Freedom of Speech—Freedom of Religion.
January 26, 2023
People v. Randolph.
2023 COA 7. No. 20CA0174. Soliciting for Child Prostitution—Mens Rea—Knowingly—Sufficiency of Evidence—Expert Testimony.
January 26, 2023
United States v. Coulter.
No. 21-6118. 1/18/2023. W.Okla. Judge Matheson. Conspiracy to Commit Sex Trafficking—Child Sex Trafficking—Sufficiency of Evidence—Testimony—Improper Bolstering—Post-Trial Jury Interactions—Cumulative Error.
January 16, 2023
United States v. Leib.
No. 21-2136. 1/18/2023. D.N.M. Judge Ebel. US Sentencing Guidelines—Four-Level Enhancement for State Law Offense—Hearsay—Sufficiency of Evidence.
January 16, 2023
Norwood v. United Parcel Service, Inc.
No. 21-3145. 1/17/2023. D.Kan. Judge Carson. Americans with Disabilities Act—Reasonable Accommodations—Interactive Process.
January 16, 2023
Citizens for Constitutional Integrity v. United States.
No. 21-1317. 1/10/2023. D.Colo. Judge Hartz. Congressional Review Act—US Congress—Senate Cloture Rule—Statutory Jurisdiction—Standing—Constitutional Challenges
January 9, 2023
Sagome, Inc. v. Cincinnati Insurance Co.
No. 21-1359. 1/3/2023. D.Colo. Judge Tymkovich. COVID-19 Pandemic—Government Shutdowns of Businesses—Comprehensive General Insurance Coverage—Physical Loss—Civil Authority Coverage.
January 2, 2023
United States v. Harbin.
No. 21-8038. 12/27/2022. D.Wyo. Judge Murphy. US Sentencing Guidelines—Career Offender—Controlled Substance—Clear or Obvious Error.
December 26, 2022
People in Interest of L.S.
CO 3. No. 22SA282. Statutory Interpretation—Dependency or Neglect—Burden of Proof.
January 23, 2023
In the Interest of A.D.
2023 COA 6. No. 22CA0402. Colorado Uniform Guardianship and Protective Proceedings Act—Guardianship of Minor—Judicial Appointment of Guardian—Parents Unwilling or Unable to Exercise Parental Rights—Minor’s Best Interest.
January 19, 2023
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