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From the Courts

Colorado Court Case Summaries

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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Commission— Subject Matter Jurisdiction—Exhaustion of Administrative Remedies—Issue Preclusion— Change in Law—Unpublished Colorado Court of Appeals Opinion—Appellate Jurisdiction.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

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

Ward v. State.

2023 CO 45. No. 23SA150. Ballot Titles—Subject Matter Jurisdiction–Single-Subject Requirement—Clear Expression Requirement.

August 21, 2023

People v. Owens.

No. 23PDJ030. 6/23/2023. Stipulation to Discipline.

August 11, 2023

People v. Menges.

No. 21PDJ008. 5/31/2023. Stipulation to Discipline.

August 11, 2023

People v. Egbune.

No. 22PDJ029. 3/21/2023. Opinion Imposing Sanctions.

August 11, 2023

Conley v. People.

No. 23PDJ014. 6/21/2023. Stipulation to Reinstatement.

August 11, 2023

Simon v. Industrial Claim Appeals Office.

2023 COA 74. No. 22CA1922. Unemployment Benefits—Disqualification—Insubordination—COVID-19—Religious Exemption From Immunization Requirements.

August 10, 2023

People v. Coats.

2023 CO 44. No. 23SA114. Imposition of Discipline for Violation of Judicial Duties.

August 7, 2023

Rosenblum v. Budd.

2023 COA 72. No. 22CA0393. Defamation—Misappropriation of Name and Likeness—Civil Conspiracy—Anti-SLAPP Statute—Special Motion to Dismiss—Attorney Fees.

August 3, 2023

Chung v. Lamb.

No. 22-1266. 7/13/2023. D.Colo. Judge Haztz. Agreement for Legal Representation—Real Party in Interest—Sanctionable Conduct—Attorney Fees—Surreply—Law of the Case.

July 13, 2023

Hogan v. Pilgrim’s Pride Corp.

No. 21-1445. 7/13/2023. D.Colo. Judge Hartz. Securities Fraud—Class Action—Amended Pleadings—Relation Back—Fed. R. Civ. P. 15(c)—Statute of Repose.

July 13, 2023

Wise v. Caffey.

Nos. 22-5069 & 22-5086. 7/11/2023. N.D.Okla. Judge Tymkovich. Pretrial Detainee—Use of Force—Qualified Immunity—Summary Judgment.

July 11, 2023

United States v. Redbird.

No. 22-6055. 7/10/2023. W.D.Okla. Judge Moritz. Premeditated First-Degree Murder—Assault Resulting in Serious Bodily Injury—Self-Defense—Fed. R. Evid. 404(a)(2)(B)—Testimony on Propensity for Violence—Failure to Object on Grounds Raised on Appeal—Plain Error Review—Waiver of Evidentiary Challenge.

July 10, 2023

United States v. Gallimore.

No. 22-6081. 6/28/2023. W.D.Okla. Judge Carson. Armed Career Criminal Act Sentencing Enhancement—Prior Convictions—Crimes Occurring on the Same Occasion—Pretext—Summary Judgment.

June 28, 2023

United States v. Lee.

No. 21-6167. 6/27/2023. W.D.Okla. Judge Carson. Felon in Possession of a Firearm—US Sentencing Guideline § 5G1.3(b)(1)—District Court Discretion—Downward Sentencing Adjustment.

June 27, 2023

People v. Roberson.

2023 COA 70. No. 21CA1713. Restitution Amount—Statutory Deadline to Order Restitution—Good Cause to Extend Deadline—Waiver—Invited Error—Harmless Error.

July 20, 2023

People in the Interest of Uwayezuk.

2023 COA 69. No. 22CA2278. Competency to Proceed—Involuntary Medication Administration—Ineffective Assistance of Counsel—Sufficiency of Pleadings.

July 13, 2023

Cronk v. Bowers.

2023 COA 68. No. 22CA1075. Boundary by Acquiescence Doctrine—Adverse Possession—Disputed Boundary—Civil Theft—Unlawful Detention—Permanent Injunction—Attorney Fees and Costs.

July 13, 2023

Dodge v. Padilla.

2023 COA 67. No. 22CA0857. County Officers—Sheriff—Colorado Governmental Immunity Act—Negligence—Respondeat Superior.

July 13, 2023

Gomez v. Walker.

2023 COA 65. No. 22CA0463. Limitation of Actions—General Limitation of Actions—More Recent Specific Statute—Computation of Time.

July 13, 2023

Cuevas v. Public Service Co. of Colorado.

2023 COA 64. No. 22CA0301. Public Utilities—Tariff Sheet No. R87 of Electric Tariff—High-Voltage Safety Act Violation—Attorney Fees and Costs.

July 13, 2023

In re Marriage of Bochner.

2023 COA 63. No. 22CA0441. Uniform Dissolution of Marriage Act—Modification of Court-Appointed Decision-Maker’s Decision—De Novo Hearing—Attorney Fees.

July 6, 2023

Rosten v. Industrial Claim Appeals Office.

2023 COA 62. No. 22CA1663. Workers’ Compensation—Medical Impairment Benefits—Final Admission of Liability—Division-Sponsored Independent Medical Examination—Records-Only Review—Impeachment Testimony.

June 29, 2023

Alderman v. Colorado State University.

2023 COA 61. No. 22CA1140. Colorado State University System Board of Governors—Temporary Suspension in Case of Fire, Fatal Diseases, or Unforeseen Calamity—Contracts—Quantum Meruit—Unjust Enrichment.

June 29, 2023

Jansma v. Colorado Department of Revenue, Motor Vehicle Division.

2023 COA 59. No. 22CA0761. vocation of Driver’s License Based on Administrative Determination—Probable Cause to Believe Person Should Be Subject to License Revocation for Excess BAC or Refusal—Express Consent Affidavit—Burden of Proof.

June 29, 2023

People v. Garcia.

2023 COA 58. No. 21CA0834. Sixth Amendment Right to Public Trial—Waiver—Due Process—Charging Instruments—Constructive Amendment—Prosecutorial Misconduct—Surcharges and Fees.

June 29, 2023

People v. Parker.

No. 23PDJ024. 5/17/2023. Stipulation to Discipline.

June 29, 2023

People v. Layton.

No. 22PDJ032. 4/19/2023. Opinion Imposing Sanctions.

June 29, 2023

People v. Healy.

No. 23PDJ008. 5/1/2023. Stipulation to Discipline.

June 29, 2023

People v. Bush.

No. 23PDJ002. 5/15/2023. Stipulation to Discipline.

June 29, 2023

People v. White.

2023 CO 43. Search and Seizure—Investigatory Stops—Scope and Character of the Intrusion Related to the Investigative Purpose—Consent to Provide a Blood Sample.

June 26, 2023

United States v. McGirt.

No. 22-7048. Attempted Second Degree Murder—US Sentencing Guidelines—Aggravated Assault and Battery—Crime of Violence.

June 20, 2023

United States v. Spaeth.

No. 21-3096. Sixth Amendment Right to Counsel—Plea Agreement—28 USC § 2255 Motion—Pre-Plea Constitutional Claims.

June 12, 2023

United States v. Freeman.

No. 22-2039. Sexual Abuse—Sufficiency of Evidence—Jury Instructions on Offense Elements—Peremptory Challenges—Harmless Error.

June 9, 2023

McAuliffe v. Vail Corp.

No. 21-1400. 6/6/2023. D.Colo. Judge McHugh. Class Action—Dismissal with Prejudice—Implied Covenant of Good Faith and Fair Dealing—Unjust Enrichment—Money Had and Received—Breach of Contract—Breach of Warranty—State Consumer Protection Claims.

June 6, 2023

Rule Change 2023(11)

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 252.1, 252.2, 252.3, 252.4, 252.5, 252.6, 252.7, 252.8, 252.9, 252.10, 252.11, 252.12, 252.13, 252.14, 252.15, 252.16, and 252.17.

June 15, 2023

Hagerty v. Luxury Asset Capital, LLC.

2023 COA 57. No. 22CA0916. Uniform Commercial Code—Construction of Contracts—Warranty of Title—Goods Sold “As Is” and Without Express or Implied Warranties.

June 22, 2023

People v. Neustel.

2023 COA 56. No. 20CA1710. Sexual Exploitation of a Child—Sexual Assault on a Child—Sexually Violent Predators—Victim—Fictional Persona.

June 22, 2023

People v. Vanderpauye.

2023 CO 42. No. 21SC771. Self-Serving Hearsay—Excited Utterance Hearsay Exception—CRE 803(2)—CRE 403—Harmless Error.

June 20, 2023

Garcia v. People.

2023 CO 41. No. 21SC473. Double Jeopardy—Multiple Prosecutions—Simultaneous Proceedings—Multiplicity.

June 20, 2023

In re People v. Smith.

2023 CO 40. No. 23SA2. Constitutional Interpretation—Right to Bail—Capital Offenses Exception.

June 20, 2023

People v. McLaughlin.

2023 CO 38. No. 21SC506. Criminal Law—Colorado Rules of Evidence—Rule of Completeness—Self-Serving Hearsay—Impeachment of a Hearsay Declarant.

June 20, 2023

Estate of Liebe.

2023 COA 55. No. 22CA1076. Inter Vivos Gifts—Transfer of Vehicle Title.

June 15, 2023

Tremitek, LLC v. Resilience Code, LLC.

2023 COA 54. No. 22CA1009. Commercial Leases—Tenant’s Breach of Lease—Liquidated Damages Provision—Landlord’s Duty to Mitigate Damages.

June 15, 2023

Pellegrin v. People.

2023 CO 37. No. 21SC796. Multiple Sentences or Punishments—Merger of Offenses—Statutory Interpretation—Offenses and Penalties—Jury Trial Right—Factors Enhancing Sentence.

June 12, 2023

People v. Smiley.

2023 CO 36. No. 22SA350. Custodial Interrogation—Miranda Rights—Self-Incrimination—Waiver—Voluntariness.

June 12, 2023

Orellana-Leon v. People.

2023 CO 34. No. 21SC340. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child.

June 12, 2023

Chirinos-Raudales v. People.

2023 CO 33. No. 21SC325. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child—Concurrent Sentences—Identical Evidence.

June 12, 2023

People v. Kelley.

2023 CO 32. No. 22SA874. Physician-Patient Privilege—Waiver—Involuntary Intoxication.

June 5, 2023

State v. Hill.

2023 CO 31. No. 22SC119. Standing—Declaratory Judgment.

June 5, 2023

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