Fogel v. Emmett.

2021 COA 20. No. 19CA1916.  Subpoena—Tender of Mileage Fee—Civil Procedure.     

People v. Snider.

2021 COA 19. No. 18CA0598.  Criminal Law—Second Degree Assault on a Peace Officer—Resisting Arrest—Obstruction—Jury Instructions—Self-Defense—Affirmative Defense—Evidence—Prosecutorial Misconduct—Mistrial—Unanimous Verdict—Unit of Prosecution—Double Jeopardy—Lesser Included Offense.

People v. Collins.

2021 COA 18. No. 16CA2170. Criminal Law—Sexual Assault on a Child—Testimony—Court Facility Dog—Confrontation Clause—Expert Testimony.

People in the Interest of A.M.

2021 CO 14. No. 20SC187. Least Restrictive Means—Needs, Interest, and Welfare of Child.

In re Marriage of Blaine.

2021 CO13. No. 19SC967.  Uniform Dissolution of Marriage Act—Presumption of Marital Property—Statutory Exceptions to Presumption of Marital Property—Valid Agreement—Interspousal Transfer Deed.

In re Marriage of Zander.

2021 CO 12. No. 19SC854.  Uniform Dissolution of Marriage Act—Colorado Marital Agreement Act—Exceptions to Presumption of Marital Property—“Valid Agreement” Exception—Partial Performance Doctrine.

Ryser v. Shelter Mutual Insurance Co.

2021 CO 11. No. 19SC530. Insurance—Workers’ Compensation—Uninsured and Underinsured—Exclusivity of Remedy—Co-Employee Immunity.

Tug Hill Marcellus LLC v. BKV Chelsea LLC.

2021 COA 17. No. 19CA2234. Colorado Revised Uniform Arbitration Act—Consolidation of Arbitration Proceedings—Appeals.

In re the Marriage of Herold and Callison.

2021 COA 16. No. 19CA2136. Family Law—Retroactive Temporary Spousal Maintenance.

State Farm Mutual Automobile Insurance Co. v. Goddard.

2021 COA 15. No. 19CA1108.  Insurance Bad Faith—Directed Verdict—Breach of Contract—Collusion—Irrelevant or Prejudicial Evidence.

People v. Marston.

2021 COA 14. No. 18CA1879. Criminal Law—Driving While Ability Impaired—Prior Convictions—Elements—Jury—Involuntary Statements—Shreck Hearing—Horizontal Gaze Nystagmus Test—Expert Witness.

People v. Propst.

2021 COA 13. No. 18CA1360.  Criminal Law—Sentencing—Probation—Plea Agreement—Revocation—Resentencing.

People v. Roberts-Bicking.

2021 COA 12. No. 17CA1396.  Criminal Law—Jury Instructions—Self-Defense—Affirmative Defense Exception—Apparent Necessity—Defense Against Multiple Assailants—Initial Aggressor—Provocation—Unanimity.

People v. Blassingame.

2021 COA 11. No. 16CA2200.  Criminal Law—Jury Trial—Challenge for Cause.

In re People v. Subjack; In re People v. Lynch.

2021 CO 10. Nos. 20SA262 & 20SA283. Preliminary Hearings—Statutory Interpretation.

People v. Wake.

No. 20PDJ038. 1/30/2020. Conditional Admission of Misconduct—Attorney Suspended.

People v. Sand.

No. 21PDJ002. 1/15/2021. Conditional Admission of Misconduct—Attorney Suspended.

People v. McCaffrey.

No. 21PDJ001. 1/12/2021. Conditional Admission of Misconduct—Attorney Suspended.

People v. Burke.

No. 20PDJ073. 12/28/2020. Conditional Admission of Misconduct—Attorney Suspended.

People v. Plemmons.

2021 COA 10. No. 18CA0481. Criminal Law—Constitutional Law—Due Process—Vagueness—Second Degree Assault—Exclusionary Rule.

United States v. Barrett.

No. 19-7049.  E.D.Okla. Judge Matheson. Sixth Amendment Ineffective Assistance of Counsel—28 USC § 2255—Prejudice Sufficient to Vacate Death Sentence—Mitigating Evidence.

United States v. Maynard.

No. 19-1304. D.Colo. Judge Briscoe. Tax Evasion—US Sentencing Guidelines—Sufficiency of Evidence—Mandatory Victims Restitution Act Calculations—Plain Error.

Hooks v. Atoki.

No. 19-6093. W.D.Okla. Judge McHugh. Civil Rights—42 USC § 1983—Excessive Force—Deliberate Indifference.

Crowson v. Washington County State of Utah.

Nos. 19-4118 & 19-4120.  D.Utah. Judge McHugh. 42 USC § 1983—Fourteenth Amendment—Eighth Amendment—Interlocutory Appeals—Qualified Immunity—Pendant Appellate Jurisdiction.

Fenn v. City of Truth or Consequences.

No. 19-2201. D.N.M. Judge Tymkovich. 42 USC § 1983—First Amendment Retaliation—Malicious Prosecution—Supervisory Liability—Qualified Immunity.

United States v. Sanchez.

No. 19-2092. D.N.M. Judge Tymkovich. Fourth Amendment Search and Seizure—Reasonable Suspicion—Probable Cause—Fifth Amendment Custodial Interrogation—Voluntariness of Guilty Plea—Sentencing under Armed Career Criminal Act.

People v. Ross.

2021 CO 9. No. 19SC573. CRS § 18-7-402(1)(a) and (b)—For the Purpose of Prostitution of or by a Child—CRS § 18-7-407.

In re Raven v. Polis.

2021 CO 8. No. 20SA321. Civil Procedure—Parties—Executive Officials—Proper Defendants.

People v. Garcia.

2021 CO 7. No. 19SC548. Confrontation Clause—Sixth Amendment—Testimonial Hearsay.

People v. Pennington.

2021 COA 9. No. 20CA1116. Prison Population Reduction and Management Act—Retroactive Application—Separation of Powers.

Defend Colorado v. Governor Polis.

2021 COA 8. No. 19CA1636.  Air Quality Control Commission—Clean Air Act—National Ambient Air Quality Standards.

Johnson v. Rowan Inc.

2021 COA 7. No. 19CA1211. Arbitration—Health Care Availability Act.

People v. Abad.

2021 COA 6. No. 18CA0775. Criminal Law—Sexual Exploitation of a Child—Authentication—Evidence—Hearsay—Constitutional Law—Double Jeopardy—Multiplicity.

Mike & Jim Kruse Partnership v. Cotton.

2021 CO 6. No. 20SA32. Water Law–Water Decree Interpretation—Extrinsic Evidence.

People in the Interest of L.B-H-P.

2021 COA 5. No. 20CA0897. Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Magistrates—Petition for Review—Timeliness—Excusable Neglect.

People in the Interest of R.J.B.

2021 COA 4. No. 20CA0859.  Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Due Process—Remote Hearing.

Perez v. People.

2021 CO 5. No. 19SC356. Criminal Law—Miranda Warnings—Public Safety Exception to Miranda.

In re Marriage of Crouch.

2021 COA 3. No. 19CA2084.  Family Law—Modification of Decision-Making Responsibility—Medical Decisions—Burden of Proof—Religion—Endangerment Standard.

McWhinney Centerra Lifestyle Center LLC v. Poag & McEwen Lifestyle Centers-Centerra LLC.

2021 COA 2. No. 19CA0438. Torts—Intentional Torts—Fraudulent Concealment—Intentional Interference with Contractual Obligations—Intentional of Breach of Contract—Economic Loss Rule—Delaware Law—Breach of Contract.

People v. Noffsinger.

No. 20PDJ059. 12/3/2020. Conditional Admission of Misconduct—Attorney Suspended.

People v. Betterton-Fike.

No. 18PDJ043. 3/15/2020. Opinion on Remand Imposing Sanctions—Attorney Suspended.

People v. Berumen.

No. 20PDJ070. 12/16/2020. Conditional Admission of Misconduct—Attorney Suspended.

Schaden v. DIA Brewing Co., LLC.

2021 CO 4. No. 20SC225. CRCP 15(a)—CRCP 59—CRCP 60—Amendments—Finality—Futility.

In re Marriage of LaFleur and Pyfer.

2021 CO 3. No. 19SC1004. Common Law Marriage—Void Ab Initio—Retroactivity.

In re Estate of Yudkin.

2021 CO 2. No. 19SC234. Common Law—Divorce—Marriage and Cohabitation.

In re Marriage of Hogsett and Neale.

2021 CO 1. No. 19SC44. Common Law—Divorce—Marriage and Cohabitation.

People v. Raider Jr.

2021 COA 1. No. 17CA1896. Criminal Law—Motor Vehicle—DUI —Expressed Consent Statute—Warrant—Forced Blood Draw.

United States v. Ybarra Cruz.

No. 19-2132. D.N.M. Judge Phillips. Fourth Amendment—Reasonable Suspicion—Public Authority Defense—Confidential Informant.

United States v. Alfred.

No. 19-1243.  D.Colo. Judge McHugh. Coercion and Enticement—Facilitating Prostitution—Fed. R. Evid. 404(b)—Intrinsic Evidence—Fed. R. Evid. 403.

Addo v. Barr.

No. 18-9560.  Board of Immigration Appeals. Judge Hartz. Petition for Asylum—Withholding of Removal—Convention Against Torture—Substantial Evidence.

Alfaro-Huitron v. Cervantes Agribusiness.

No. 19-2091.  D.N.M. Judge Hartz. Migrant and Seasonal Agricultural Worker Protection Act—H-2A Work Visa Program—Breach of Contract—Agency Law—Civil Conspiracy.

Bond v. City of Tahlequah.

No. 19-7056. E.D.Okla. Judge McHugh. 42 USC § 1983 Excessive Force Claim—Qualified Immunity—Fourth Amendment—Reasonable Force.

United States v. Silva.

No. 19-1298. D.Colo. Judge Hartz. Sentencing Guidelines—Prior Offense Enhancement—Separateness—Plain Error Review.

Tuscany Custom Homes, LLC v. Westover.

2020 COA 178. No. 19CA1724. Mediation Communications—Evidence—Admissibility.

Owens v. Williams.

2020 COA 177. No. 19CA0890. Parole Computation—Parole Eligibility—Continuous Sentence.

Redden v. Clear Creek Skiing Corporation.

2020 COA 176. No. 19CA0512. Personal Injury—Negligence—Negligence Per Se—Colorado Passenger Tramway Safety Act—Ski Safety Act of 1979—Exculpatory Agreement—Waiver—Public Policy.

People v. Hayes.

2020 COA 175. No. 18CA1001. Traffic Stop—License Plates—Fourth Amendment—Suppression of Evidence.

People v. Sauser.

2020 COA 174. No. 17CA1233. Criminal Law—Menacing—Aggravated Robbery—Continuance—Affirmative Defense—Duress—Res Gestae—Character Evidence—Right Against Self-Incrimination—Prosecutorial Misconduct—Merger—Lesser Included Offense.

Department of Corrections v. Stiles.

2020 CO 90. No. 19SC107. “Arbitrary, Capricious, or Contrary to Rule or Law” Standard of Review—CRS § 24-50-103(6)—State Personnel Board—Appointing Authority—Disciplinary Action.

Denver Health and Hospital Authority v. Houchin.

2020 CO 89. No. 19SC354. Civil Rights—Employment Practices—Governmental Immunity—Statutory Construction.

Elder v. Williams.

2020 CO 88. No. 19SC1009. Civil Rights—Employment Practices—Governmental Immunity—Statutory Construction.

In re Parental Responsibilities Concerning M.E.R-L.

2020 COA 173. No. 20CA0111. Uniform Services Former Spouses’ Protection Act—Veteran’s Disability Benefits—Child Support.

Ansel v. State Department of Human Services.

2020 COA 172. No. 19CA1676. Institutional Neglect—Colorado Children’s Code—Prudent Parent Standard.

Rule Change 2020(34) Colorado Rules of Criminal Procedure

Rule 55.1. Public Access to Court Records in Criminal Cases

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

People in the Interest of B.D.

2020 CO 87. No. 19SC396. Complicity—Sentence Enhancer— Statutory Interpretation—Due Process.

People v. Bott.

2020 CO 86. No. 19SC599.  Criminal Law—Double Jeopardy—Unit of Prosecution—Statutes.

People v. Marquez.

2020 COA 169, 170, and 171. Nos. 19CA1810, 19CA1811, & 19CA1812. Criminal Law—Crim. P. 35(c) Motions—Postconviction Counsel.

Rueb v. Rich-Federicks.

2020 COA 168. No. 19CA1189.  Inmate Lawsuits—Successive Claims—In Forma Pauperis—Three Strikes.

People v. Barnett.

2020 COA 167. No. 19CA1056.  Criminal Law—Attempt to Influence a Public Servant—Private Institution.

People v. Kent.

2020 CO 85. No. 20SA265. Motion to Disqualify District Attorney—CRS § 20-1-107(2)—“Special Circumstances.”

People v. Arellano.

2020 CO 84. No. 20SA206. Disqualification—Special Circumstances.

In the Matter of Kamada.

2020 CO 83. No. 19SA266. Judicial Discipline—Sanctions.

Rule Change 2020(33) Colorado Rules of Civil Procedure

Chapter 25 Colorado Rules of County Court Civil Procedure Form 1a

People v. Garcia-Gonzalez.

2020 COA 166. No. 20CA0980.  Criminal Law—Cultivation of Marijuana—Land—Residential Property—Enclosed, Locked Space.

People v. Underhill Jr.

No. 20PDJ046. 9/17/2020. Order Dismissing Petition for Reinstatement.

People v. Park.

No. 19PDJ057. 9/4/2020. Opinion Imposing Sanctions.

People v. Efe. 

No. 19PDJ058. Opinion Imposing Sanctions—Attorney Suspended.

People v. Corry.

No. 20PDJ039. Conditional Admission of Misconduct—Attorney Suspended.

People v. Abrahamson Pirzadeh.

No. 20PDJ044. Conditional Admission of Misconduct—Attorney Suspended.

Galvan Sr. v. People.

2020 CO 82. No. 19SC460. Quantum of Proof Required for Jury Instruction on Exception to Affirmative Defense of Self-Defense—Provocation Exception to Affirmative Defense of Self-Defense—“Some Evidence”—“Another Person” in Provocation Jury Instruction—Hypothetical Questions Calling for Advisory Opinions—Party Presentation Principle.

People v. Lee.

2020 CO 81. No. 19SC749. Equal Protection—Second Degree Assault—Deadly Weapon Subsection—Strangulation Subsection.

United Water and Sanitation District v. Burlington Ditch Reservoir and Land Co.

2020 CO 80. No. 19SA150. Water Law—Intent as to Use of Water—Anti-Speculation Doctrine.

Rule Change 2020(32) Colorado Rules of Criminal Procedure

Rule 43. Presence of the Defendant

Brooktree Village Homeowners Association, Inc. v. Brooktree Village, LLC.

2020 COA 165. No. 19CA1635.  Construction Defects—Common Interest Communities—Standing—Implied Warranty—Successor Developer.

Walker v. Ford Motor Company.

2020 COA 164. No. 19CA1243.  Civil Litigation—Personal Injuries—Damages—Prejudgment and Postjudgment Interest—Appeal.

Cisneros v. Sheriff of El Paso County.

2020 COA 163. No. 19CA0546. False Imprisonment—Colorado Governmental Immunity Act—Waiver—Intentional Acts.

Notice of Public Hearing

Public Hearing to be Held Wednesday, February 10, 2021 at 3:30 P.M.

People v. Gregory.

2020 COA 162. No. 20CA0856.  Unauthorized Removal of an Electronic Monitoring Device while on Parole—Felony Escape—Prison Population Reduction and Management Act—Unauthorized Absence—Retroactive Application.

Montezuma Valley Irrigation Co. v. Board of County Commissioners of the County of Montezuma.

2020 COA 161. No. 19CA1588.  CRS § 43-5-305(1)—Obligation to Maintain and Replace a Culvert.

People v. Torline.

2020 COA 160. No. 18CA1156.  Constitutional Law—Marijuana—Freedom of Religion—Affirmative Defense.

People in the Interest of A.P.H.

2020 COA 159. No. 18CA0668. Juvenile Law—Delinquency—Magistrates—Petition for Direct Review—Jurisdiction.

People v. Session.

2020 COA 158. No. 14CA2083.  Criminal Law—Sixth Amendment—Right to Counsel—Habitual Criminal—Prior Convictions—Sentencing—Proportionality Review.

Begley v. Ireson.

2020 COA 157. No. 19CA1245. Summary Judgment—Litigation Privilege.

TABOR Foundation v. Colorado Department of Health Care Policy and Financing.

2020 COA 156. No. 19CA0621.  Taxpayer Bill of Rights—Taxpayer Standing—Individual Standing—Associational Standing—Jurisdiction.

Price v. Mountain Sleep Diagnostics, Inc.

2020 COA 155. No. 19CA0608. Colorado Revised Uniform Arbitration Act—Vacating Award—Fraud—Due Diligence.

People in the Interest of A.A. and E.A.

2020 COA 154. No. 19CA0328. Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Treatment Plan—Due Process—Visitation Services.

Gomez v. JP Trucking, Inc.

2020 COA 153. No. 17CA2384.  Labor and Employment Law—Wages—Overtime—Fair Labor Standards Act—Colorado Minimum Wage Order—Motor Carrier Act—Interstate Drivers.

Linnebur v. People.

2020 CO 79. No. 18SC884. Statutory Interpretation—Crimes—DUI—Prior Convictions.

People v. Williams.

2020 CO 78. No. 16SC391. Criminal Law—Evidence—Uncharged Misconduct—Relevance.