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From the Courts

Colorado Court Case Summaries

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People v. Hupke.

2024 COA 73. No. 23CA0106. Attempt to Influence a Public Servant—By Means of Deceit—Sufficiency of Evidence.

July 11, 2024

People v. Vigil.

2024 COA 72. No. 21CA0267. Evidence—Authentication—Bases of Opinion Testimony by Experts—Hearsay—Cumulative Errors.

July 11, 2024

Wolf v. Brenneman.

2024 COA 71. No. 21CA0111. Grand Juries—Witnesses—Absolute Immunity—CRCP 54—Appellate Jurisdiction.

July 11, 2024

In re Marriage of McClure.

2024 COA 70. No. 23CA1338. Post-dissolution Proceedings—Modification of Spousal Maintenance—Gross Income—Social Security Benefits—Anti-assignment Provision.

July 3, 2024

Nash v. Mikesell.

2024 COA 68. No. 23CA0589. Immigration—Delegation of Immigration Authority—287(g) Agreement—State Enforcement of Civil Immigration Law—Civil Immigration Detainers—Injunctive Relief.

July 3, 2024

People v. Martinez Rubier.

2024 COA 67. No. 23CA0450. Sentencing—Restitution—Procedural Deadlines—Extension of Time—Waiver of Right to Attend Restitution Hearing.

July 3, 2024

Castro v. People.

2024 CO 56. No. 22SC712. Mid-Deliberations Juror Substitution—Alternate Juror—Standard of Reversal—Presumption of Prejudice—CRS § 16-10-105.

July 1, 2024

Clark v. People.

2024 CO 55. Impartial Jury—Equal Protection—Challenge for Cause—Structural Error—Extraneous Prejudicial Information—Juror Testimony.

July 1, 2024

Fowler v. Stitt.

No. 23-5080. 6/18/2024. N.D.Okla. Judge McHugh. Fourteenth Amendment—Equal Protection—Substantive Due Process—Right to Privacy—State Action—Amended Birth Certificates—Discrimination on the Basis of Transgender Status and Sex.

June 18, 2024

United States v. Venjohn.

No. 23-8028. 6/12/2024. D.Wyo. Judge Seymour. US Sentencing Guidelines—Colorado Felony Menacing—Crime of Violence—United States v. Taylor.

June 12, 2024

United States v. Dear.

No. 22-2142. 6/10/2024. D.Colo. Judge Carson. Competency to Stand Trial—Motion to Involuntarily Medicate Defendant—Sell v. United States—Specificity of Findings—Clear and Convincing Evidence.

June 10, 2024

United States v. Amador-Bonilla.

Nos. 22-6036 & 22-6037. 5/29/2024. W.D.Okla. Judge Eid. 8 USC § 1326—Fifth Amendment—Equal Protection—Discriminatory Purpose or Intent—Racially Disparate Impact.

May 29, 2024

People v. Miller.

2024 COA 66. No. 21CA1584. Stalking—Contacts—Unanswered Telephone Calls—First Degree Burglary—First Degree Criminal Trespass—Lesser Included Offenses—Merger of Convictions—Prosecutorial Misconduct—Sufficiency of Evidence—Crime of Violence Sentence Enhancement.

June 27, 2024

Salah v. People.

2024 CO 54. No. 23SC4. Right to Familial Association—Sex Offender Intensive Supervision Probation—Due Process Clause.

June 24, 2024

People v. Dacus.

2024 CO 51. No. 24SA2. Citizen Informant—Reasonable Suspicion—Investigatory Stop.

June 24, 2024

People v. Lopez.

2024 CO 50. No. 22SC759. Right to Counsel—Conflict of Interest.

June 24, 2024

People v. Cerda.

2024 CO 49. No. 24SA23. Miranda Protections—Coercion—Involuntary Statements—Suppression—Fifth Amendment—Right to Remain Silent.

June 24, 2024

Martinez v. People.

2024 CO 48. No. 22SC835. Criminal Law—Jury Instructions—Self-Defense—Traverse—Reckless Conduct.

June 24, 2024

Freed v. Bonfire Entertainment LLC.

2024 COA 65. No. 23CA0965. Public Health and Environment—Noise Abatement Act—Maximum Permissible Noise Levels—Municipal Noise Ordinance—Subject Matter Jurisdiction—CRCP 106.

June 20, 2024

People v. Johnson.

2024 CO 47. No. 23SA293. Scope of an Investigatory Stop—Searches and Seizures—Drug-Detection Dogs.

June 17, 2024

City of Aspen v. Burlingame Ranch.

2024 CO 46. No. 22SC293. Colorado Governmental Immunity Act—Scope of Immunity—Economic Loss Rule—Subject Matter Jurisdiction.

June 17, 2024

Dhyne v. People.

2024 CO 45. No. 22SC869. Fourth Amendment—Search Warrants—IP Addresses.

June 17, 2024

In re Marriage of Conners.

2024 CO 44. No. 23SA332. Civil Procedure—Contempt—Indirect Contempt—Service of Process—Direct Service.

June 17, 2024

City of Golden v. United States.

2024 CO 43. No. 23SA317. Water Law—Blue River Decree—Injury—Colorado-Big Thompson Project—Interpretation of Prior Decree—Subordination Agreement—Power Interference Agreement—Newly Discovered Evidence.

June 17, 2024

People v. Howell.

2024 CO 42. No. 23SA227. Criminal Law—Force-Against-Intruders Statute—Immunity From Criminal Prosecution—Affirmative Defenses—Dwelling.

June 17, 2024

People v. Vail.

No. 23PDJ069. 5/10/2024. Opinion Opposing Sanctions.

June 17, 2024

People v. Kay.

No. 24PDJ042. 5/20/2024. Stipulation to Discipline.

June 17, 2024

Wright v. Tegna Inc.

2024 COA 64. No. 23CA0436. Negligent Infliction of Emotional Distress—Vicarious Liability—Civil Conspiracy—Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—Reasonable Likelihood Plaintiff Will Prevail.

June 13, 2024

People v. Garcia.

2024 CO 41. No. 22SC633. Criminal Law—Waiver—Disqualification of a Judge.

June 11, 2024

People v. Crabtree.

2024 CO 40. No. 22SC589. Linnebur Error—Plain Error Review—Plainness Prong—Time of Trial Versus Time of Appeal.

June 10, 2024

In re Estate of Gonzalez.

2024 COA 63. No. 23CA1058. Probate—Compensation and Cost Recovery—Fee Disputes—Factors in Determining the Reasonableness of Compensation and Costs.

June 6, 2024

Tarr v. People.

2024 CO 37. No. 22SC226. Expressed Consent Statute—Revoking Consent—Fourth Amendment.

June 3, 2024

People v. Austin.

2024 CO 36. No. 23SC75. Jury Selection—Peremptory Challenge—Batson—Clear Error—Examination of Jurors—Particular Groups, Inclusion or Exclusion—Race.

June 3, 2024

People v. Johnson.

2024 CO 35. No. 22SC852. Jury Selection—Peremptory Challenge—Batson—Clear Error—Examination of Jurors—Particular Groups, Inclusion or Exclusion—Race.

June 3, 2024

People v. Honstein.

2024 CO 34. No. 23SA271. Prosecutor Testimony—Prosecutor Disqualification—Advocate-Witness Rule.

June 3, 2024

VOA Sunset Housing LP v. D’Angelo.

2024 COA 61. No. 23CA0458. Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—County Courts—Forcible Entry and Detainer Action—Court of Appeals Jurisdiction.

May 30, 2024

People v. Warren.

2024 COA 60. No. 22CA1997. Colorado Sex Offender Registration Act—Lifetime Mandatory Sex Offender Registration—Petition for Removal From Registry—Severe Physical or Intellectual Disability.

May 30, 2024

Sanders v. People.

2024 CO 33. No. 22SC413. Actual Bias—Right to a Fair Trial.

May 28, 2024

People v. Johnson.

2024 CO 32. No. 23SC51. Enticement of a Child—Attempt to Invite or Persuade a Child—Attempt as Completed Offense—Sufficiency of the Evidence.

May 28, 2024

Potts v. Gaia Children, LLC.

2024 COA 58. No. 23CA1008. Employment Law—Wrongful Discharge Contrary to Public Policy—Actual Discharge—Constructive Discharge.

May 23, 2024

Riggs Oil & Gas Corp. v. Jonah Energy LLC.

2024 COA 57. No. 23CA0449. Colorado Rules of Appellate Procedure—Appeals in Civil Cases—Extension of Time to File a Notice of Appeal—Excusable Neglect—Prejudice to Parties.

May 23, 2024

Bullington v. Barela.

2024 COA 56. No. 23CA0364. Personal Injury—Civil Jury Instructions—Affirmative Defenses—Failure to Mitigate Damages.

May 23, 2024

United States v. Elmore.

No. 22-1432. 5/21/2024. D.Colo. Judge Moritz. Seizure of Premises—Fourth Amendment—Search Warrant—Exclusionary Rule.

May 21, 2024

Flores v. Henderson.

No. 23-1049. 5/14/2024. D.Colo. Judge Tymkovich. Fourth Amendment—Denial of Qualified Immunity—Interlocutory Jurisdiction—Summary Judgment—Reckless Creation of Need to Use Deadly Force—Unreasonable Failure to Intervene to Prevent Violation of Constitutional Right.

May 14, 2024

United States v. Daniels.

No. 22-1378. 5/8/2024. D.Colo. Judge Seymour. Fourth Amendment—Fruit of an Unlawful Investigative Detention—Reasonable Suspicion—Felon in Possession of a Firearm.

May 8, 2024

Doe v. Rocky Mountain Classical Academy.

No. 22-1369. 4/30/2024. D.Colo. Judge Carson. 42 USC § 1983—Fourteenth Amendment—Equal Protection—Title IX—School Dress Code—Comparable Burdens Test—Intermediate Scrutiny.

April 30, 2024

Wolf v. Brenneman.

2024 CO 31. No. 22SC682. CRCP 54(b)—No Just Reason for Delay—Allison v. Engel.

May 20, 2024

Gestner v. Gestner.

2024 COA 55. No. 23CA1498. Court of Appeals Jurisdiction—Default Judgment—Final Appealable Order—Preservation.

May 16, 2024

Ortiz v. Progressive Direct Insurance Co.

2024 COA 54. No. 23CA0292. Automobile Insurance Policies—Uninsured/Underinsured Motorist C overage—Default Judgment—Liability—Comparative Fault—Jury Instructions.

May 16, 2024

People v. Herold.

2024 COA 53. No. 22CA1265. DUI—Prior Convictions—Specific Corroborating Evidence of Identification—Defendant’s Identity as Element of Crime or Sentence Enhancer—Sufficiency of Evidence—Prosecutorial Misconduct.

May 16, 2024

People v. Sloan.

2024 COA 52. No. 20CA1987. Sixth Amendment Right to Public Trial—Livestreamed Proceedings—Technical Problems—Jury Instructions—Sentence Enhancer—Dismissed Counts—Correction of Mittimus.

May 16, 2024

In re the Matter of Hunn.

2024 COA 51. No. 23CA1083. Colorado Uniform Trust Code—CRS § 15-5-602(3)—Revocation or Amendment of Revocable Trust.

May 9, 2024

Estate of McClain v. Killmer, Lane & Newman, LLP.

2024 COA 50. No. 23CA0379. Attorneys and Clients—Rules of Professional Conduct—Contingent Fee Agreements—Restatement (Third) of the Law Governing Lawyers—Partial or Complete Forfeiture of a Lawyer’s Compensation.

May 9, 2024

People v. Crawley.

2024 COA 49. No. 23CA0282. Second-Degree Murder—Eighth Amendment—Cruel and Unusual Punishments—Proportionality Review—Per Se Grave or Serious Offenses.

May 9, 2024

Stern v. People.

No. 23PDJ021. 4/3/2024. Opinion Granting Reinstatement.

May 8, 2024

People v. Mann.

No. 23PDJ022. 4/24/2024. Stipulation to Discipline.

May 8, 2024

People v. Latus.

No. 23PDJ058. 4/3/2024. Stipulation to Discipline.

May 8, 2024

People v. Band.

No. 24PDJ021. 4/25/2024. Reciprocal Discipline.

May 8, 2024

University of Denver v. Doe.

2024 CO 27. No. 22SC499. Summary Judgment—Breach of Contract—Enforceability of a Promise to Conduct a “Thorough, Impartial and Fair” Investigation of Any Sexual-Misconduct Claim—Covenant of Good Faith and Fair Dealing—Existence of an Extra-Contractual Tort Duty to Adopt and Implement Fair Procedures for Investigating and Adjudicating Sexual-Misconduct Claims.

May 6, 2024

Washington v. People.

2024 CO 26. No. 22SC520. Joinder or Severance of Counts—Standards of Reversal—Harmless Error Review.

May 6, 2024

Whiteaker v. People.

2024 CO 25. No. 22SC673. Double Jeopardy—Lesser-Included Offenses—Plain Error—Remedies.

May 6, 2024

In re the Marriage of Green.

2024 CO 24. No. 23SA167. Jurisdiction—General Personal Jurisdiction—Dissolution of Marriage—Domicile.

May 6, 2024

People v. Rodriguez.

2024 COA 46. No. 23CA0247. Conspiracy to Distribute a Controlled Substance—Buyer-Seller Rule—Sufficiency of Evidence.

May 2, 2024

People v. Miller.

2024 COA 45. No. 21CA1584. Stalking—Contacts—Unanswered Telephone Calls—Prosecutorial Misconduct—Sufficiency of Evidence—Crime of Violence Sentence Enhancement—Merger of Convictions.

May 2, 2024

Rule Change 2024(09)

Colorado Rules of Civil Procedure Chapter 25: Colorado Rules of County Court Civil Procedure

May 2, 2024

Estate of Arnold.

2024 COA 44. No. 23CA1381. Colorado Probate Code—Nonprobate Transfer on Death—Expectancy Interest in Payable on Death Account.

April 25, 2024

People v. Allen.

2024 COA 43. No. 23CA1011. Preliminary Hearing—Defendant in Custody.

April 25, 2024

Woodall v. Godfrey.

2024 COA 42. No. 23CA0420. Civil Action for Deprivation of Rights—Excessive Force Claim—Colorado Constitution Article II—Searches and Seizures—42 USC § 1983—Objective Reasonableness Standard.

April 25, 2024

People v. Shannon.

2024 COA 41. No. 22CA0014. Use of Exhibits During Jury Deliberation—Recorded Out-of-Court Witness Statements—Human Trafficking for Sexual Servitude—Solicitation for Child Prostitution—Inducement of Child Prostitution—Colorado Constitution Article II—Equal Protection.

April 25, 2024

United States v. Flechs.

No. 22-5088. 4/19/24. N.D.Okla. Judge Matheson. Attempted Enticement of a Minor—Sufficiency of Evidence—Substantial Step Toward Enticement—Jury Instruction on Grooming.

April 19, 2024

God’s Storehouse Topeka Church v. United States.

No. 23-3063. 4/9/2024. D.Kan. Judge Murphy. Not-for-Profit Corporation—Church Records—Employment Taxes—26 USC § 7609—26 USC § 7611—Independent Neuropsychological Evaluation—Cost Reimbursement.

April 9, 2024

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