People in the Interest of E.W.

2022 COA 12. No. 20CA1724.  Termination of the Parent–Child Legal Relationship—Jurisdiction—Home State under the Uniform Child-custody Jurisdiction and Enforcement Act.

People v. Rodriguez.

2022 COA 11. No. 19CA0529. Traffic Stop—Evidence—Chain of Custody—Testimony—Authentication—Jury Instructions—Prosecutorial Misconduct.

People v. Gamboa-Jimenez.

2022 COA 10. No. 18CA1516. Evidence—Expert Testimony—Drug Courier Profile Testimony—Fourth Amendment—Investigatory Traffic Stop.

People in the Interest of B.H.

2022 COA 9. No. 21CA1604.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Post-Trial Motion—Tolling.

People in the Interest of E.B.

2022 COA 8. No. 21CA0346.  Dependency and Neglect—Termination of Parent–Child Legal Relationship—Continuance for Technical Difficulties.

McLellan v. Colorado Department of Human Services.

2022 COA 7. No. 20CA1217.  Social Security—Supplemental Security Income Benefits—Aid to the Needy Disabled—Assistance Reimbursement—First Benefit Payment.

No Laporte Gravel Corp. v. Board of County Commissioners.

2022 COA 6. No. 20CA1207.  Campaign Contributions—Due Process Clause—Recusal—Quasi-Judicial Proceedings. 

Aurora Urban Renewal Authority v. PK Kaiser.

2022 COA 5. No. 20CA1162.  Municipal Law—Constitutional Standing—Political Subdivision Standing Doctrine—Prudential Standing—Public Improvements—Urban Renewal Law—Tax Increment Financing—Failure to Exhaust Administrative Remedies.

Hodge v. Matrix Group, Inc.

2022 COA 4. No. 20CA0746.  Civil Litigation—Damages—Lost Profits—Loss of Earning Capacity—S Corporation—Sole Owner—Discovery Sanctions.

In re Parental Responsibilities Concerning A.C.B.

2022 COA 3. No. 19CA2029.  Child Support Services—Remedial Contempt—Sanctions—Jail—Fourteenth Amendment—Due Process—Indigency—Right to Court-Appointed Counsel.

People v. Johnson.

2022 COA 2. No. 19CA1713.  Ineffective Assistance of Counsel—Sixth Amendment—Right to Forgo a Defense.

People v. Strickler.

2022 COA 1. No. 18CA2334. Deadly Weapon—Arson—Crime of Violence—Sentence Enhancer—Attempted Criminal Mischief—Attempted First Degree Arson—Attempted Extreme Indifference Murder—Lesser Included Offense—Merger.

Pearson v. People.

2022 CO 4. No. 20SC463. Harassment—Self-Defense—Affirmative Defense.

People v.  Rau.

2022 CO 3. No.  20SC583. “Force Against Intruders” Statute—“Make My Day” Statute—CRS § 18-1-704.5—Immunity from Criminal Prosecution for Use of Deadly Physical Force—Justification and Exemptions from Criminal Responsibility—Affirmative Defenses—Dwelling—CRS § 18-1-901(3)(g).

Pettigrew v. People.

2022 CO 2. No. 20SC353. Jury Instructions—Reasonable Doubt—Constitutional Harmless Error.

Tibbels v. People.

2022 CO 1. No. 20SC22. Jury Instructions—Reasonable Doubt.

Hall v. Allstate Fire and Casualty Insurance Co.

No. 21-1040.  D.Colo. Judge Kelly. Underinsured Motorist Claim—Bad-Faith Claim—Summary Judgment—Failure to Cooperate Affirmative Defense—Material and Substantive Disadvantage Requirement.

United States v. Fernandez.

No. 20-2106.  D.N.M. Judge Hartz. Sufficiency of the Evidence—Fourth Amendment Search and Seizure—Waiver of Argument—Abandonment of Property—Agency—Due Process.

United States v. Benally.

No. 20-2157. D.N.M. Judge Briscoe. Involuntary Manslaughter in Indian Country—Mandatory Victim’s Restitution Act—Victim and Witness Protection Act—Plain Error Review.

Kerr v. Polis.

No. 17-1192. D.Colo. Judge Tymkovich. Colorado Taxpayer Bill of Rights—US Constitution’s Guarantee Clause—Colorado Enabling Act—Fed. R. Civ. P. 12(b)(1)—Fed. R. Civ. P. 12(b)(6).

United States v. Muhtorov.

No. 18-1366. D.Colo. Judge Matheson. Federal Intelligence Surveillance Act—§ 702 Warrantless Surveillance—Fourth Amendment—Separation of Powers—Discovery and Disclosure Requirements with Classified Information—Sixth Amendment Right to Speedy Trial.

Reznik v. inContact, Inc.

No. 21-4007. D.Utah. Judge Kelly. Title VII Retaliation—Motion to Dismiss for Failure to State a Claim—Subjective Good Faith Belief—Objectively Reasonable Belief—Test for Objective Reasonableness.

Rule Change 2021(25)

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

Rule Change 2021(24)

The Colorado Appellate Rules

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

Notice of Request for Comments

The Colorado Appellate Rules

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Thomas v. People.

2021 CO 84. No. 20SC236. Resisting Arrest—When Arrest is Effected—Rule of Lenity—Merger of Convictions—Habitual Criminal Adjudication and Sentencing—Reclassification of Predicate Offenses.

Hunsaker Jr. v. People.

2021 CO 83. No. 20SC360. Criminal Procedure—Postconviction Relief—Time for Filing—Correction of Illegal Sentence—Collateral Attack.

Ronquillo v. EcoClean Home Services, Inc.

2021 CO 82. No. 21SA55. Collateral Source—Evidence—Medical Finance Liens.

In re Viburg v. People.

2021 CO 81. No. 21SA153.  Driving While Intoxicated—Repeat Offenders—Double Jeopardy.

People in the Interest of E.M.

2021 COA 152. No. 21CA0381.  Indian Child Welfare Act—Termination of Parental Rights.

In re Marriage of Turilli.

2021 COA 151. No. 20CA1687.  Post-Dissolution Parenting Time Dispute—CRS § 14-10-129.5(4)—Attorney Fees.

Stackpool v. Department of Revenue.

2021 COA 150. No. 20CA1359.  Felony Driving Under the Influence—Driver’s License Revocation—Early Reinstatement—Interlock-Restricted License.

Mullen v. Metropolitan Casualty Insurance Co.

2021 COA 149. No. 20CA1357.  Automobile Insurance—Uninsured/Underinsured Coverage—Notice.

Nash v. Mikesell.

2021 COA 148. No. 20CA0929.  Jurisdiction—Taxpayer Standing—US Immigration and Customs Enforcement—Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Rudnicki v. Bianco.

2021 CO 80. No. 19SC631. Pre-Majority Medical Expenses—Tortious Injuries to a Child—Common Law.

People v. Johnson.

2021 CO 79. No. 20SC790. Restitution—Statutory Interpretation—Common Law—Abatement.

LHM Corp. v. Martinez.

2021 CO 78. No. 20SC429. Attorney Fees—Final Judgments—Timeliness of Appeals.

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

Accetta v. Brooks Towers Residences Condominium Ass’n, Inc.

2021 COA 147. No. 20CA0690.  Colorado Common Interest Ownership Act—Condominium Ownership Act—Attorney Fees.

City and County of Denver v. Industrial Claim Appeals Office.

2021 COA 146. No. 21CA0275.  Workers’ Compensation—Reopening Statute.

In re Marriage of Stradtmann.

2021 COA 145. No. 20CA1536.  Retroactive Spousal Maintenance—Retroactive Child Support—Required Factual Findings.

BKP, Inc. v. Killmer, Lane & Newman, LLP.

2021 COA 144. No. 20CA0298.  Class Action—Press Conference—Press Release—Defamation—Intentional Interference with Contractual Relations—Litigation Privilege—Noerr-Pennington Doctrine—First Amendment.

Dream Finders Homes LLC v. Weyerhaeuser NR Co.

2021 COA 143. No. 20CA0002. Contracts—Warranty—Negligence—Negligent Misrepresentation—Fraudulent Concealment—Economic Loss Rule—Colorado Consumer Protection Act.

United States v. Benvie.

No. 20-2147.  D.N.M. Judge Kelly. Impersonating a Government Employee—Response to Jury Inquiry—Adequate Explanation for Special Conditions—Plain Error—Conflict Between Oral Order and Written Sentencing Order.

United States v. Wilson.

No. 19-7048. E.D.Okla. Judge Ebel. Methamphetamine Distribution—“Relevant Conduct” under Sentencing Guidelines—Personal Use Exclusion—Burden of Proof.

United States v. Lantis.

No. 20-8031.  D.Wyo. Judge Moritz. Disorderly Conduct Misdemeanor Charge—“Recklessness” Requirement—Subjective versus Objective Standard.

Adams v. C3 Pipeline Construction Inc.

No. 20-2055.  D.N.M. Judge Matheson. Sexual Harassment—Timeliness of Appeal—Employer versus Independent Contractor Determination—Joint Employer Doctrine—Motion for Discovery—Motion to Amend Pleadings—Premises Liability.

National Union Fire Insurance Company of Pittsburgh v. DISH Network, LLC.

No. 20-1215.  D.Colo. Judge Matheson. Declaratory Judgment Action—Disputed Policy Provision—Telephone Consumer Protection Act—Statutory Penalties—Prospective Relief—Fed. R. Civ. P. 56(d)—Motion for Certification to Colorado Supreme Court.

Crane v. Utah Department of Corrections.

No. 20-4032.  D.Utah. Judge McHugh. Eighth Amendment—Qualified Immunity—Americans with Disabilities Act—Rehabilitation Act—Supplemental State Law Claims.

Wesley v. Newland.

2021 COA 142. No. 20CA0649.  Civil Procedure—Joinder—Joint and Several Liability—Attorney Fees—Former Attorney.

People v. Veto.

No. 21PDJ074. 10/13/2021. Stipulation to Discipline.

People v. Morrow.

No. 21PDJ026. 8/13/2021. Stipulation to Reciprocal Discipline.

People v. Mann.

No. 21PDJ024. 10/6/2021. Conditional Admission of Misconduct.

People v. Goodman.

No. 21PDJ068. 10/5/2021. Stipulation to Reciprocal Discipline.

People v. Fragakis.

No. 21PDJ069. 10/5/2021. Stipulation to Reciprocal Discipline.

People v. Chavez.

No. 21PDJ070. 10/7/2021. Stipulation to Discipline.

In re Marriage of Evans.

2021 COA 141. No. 20CA1104.  Post-Dissolution Disposition of Property—Omitted or Misstated Asset—Child Support—Security for Child Support—Attorney Fees.

Bradley v. School District No. 1.

2021 COA 140. No. 20CA0954.  Colorado Governmental Immunity Act—Notice of Claim.

People v. Restrepo.

2021 COA 139. No. 20CA0224.  Search and Seizure—Drug Dog Sniff of Vehicle—Probable Cause.

People v. McCants.

2021 COA 138. No. 18CA0435.  Out-of-Court Photograph Identification—Reliability of Police Officer’s Identification.

Glover v. Serratoga Falls LLC.

2021 CO 77. No. 20SA278. Water Court—Subject Matter Jurisdiction—Ditch Easement Alteration—Attorney Fees.

In re Colorado Independent Legislative Redistricting Commission.

2021 CO 76. No. 21SA305. Legislative Redistricting—Voting Rights Act—Preservation of Political Subdivisions—Equal Protection—Dilution of Electoral Influence.

Rocky Mountain Gun Owners v. Polis.

2021 COA 137. No. 20CA0997.  Colorado Constitution—Reading and Passage of Bills—Reading Clause—Nonjusticiable Political Question—Subject Matter Jurisdiction—Standing.

In re Estate of Dowdy.

2021 COA 136. No. 20CA1323.  Probate—Family Allowance—CRS § 15-11-404.

Johnson v. Department of Safety.

2021 COA 135. No. 19CA2041.  Career Service Personnel System—Disciplinary Process—Evidentiary and Ultimate Facts.

People v. Caime.

2021 COA 134. No. 18CA2423.  Res Gestae Evidence—Expert Testimony—Special Offender—Jury Instructions—Sentencing—Habitual Offender—Abbreviated Proportionality Review—Per Se Grave or Serious Offense.

People v. Taylor.

2021 COA 133. No. 18CA1410.  Felony Charges—Right to a 12-Member Jury.

People v. Weeks.

2021 CO 75. No. 20SC340. Restitution—CRS § 18-1.3-603—Statutory Interpretation—Procedural Deadlines—“Good Cause” to Extend Trial Court’s Deadline—“Extenuating Circumstances” to Extend Prosecution’s Deadline.

People v. Roddy.

2021 CO 74. No. 20SC491. Restitution—Statutory Interpretation—Procedural Deadlines—Plea Agreements.

Brannberg v. Colorado State Board of Education.

2021 COA 132. No. 20CA0641.  Charter Schools Act—Appeal Rights—Judicial Review.

People v. Delfeld.

2021 COA 131. No. 19CA1546.  Illegal Sentence—Protection Order—CRS § 18-1-1001(1).

People in the Interest of O.S-H.

2021 COA 130. No. 18CA1391.  Dependency and Neglect—Paternity Adjudication—Indian Child Welfare Act of 1978—Uniform Parentage Act.

Garcia v. Colorado Cab Co.

2021 COA 129. No. 17CA1381.  Negligence—Rescue Doctrine—Duty of Care—Proximate Cause.

In re Colorado Independent Congressional Redistricting Commission.

No. 21SA208. 2021 CO 73.  Congressional Redistricting—Constitutional Interpretation—Voting Rights Act—Dilution of Electoral Influence.

Friends of Animals v. Bernhardt.

No. 20-1182.  D.Colo. Judge Ebel. Freedom of Information Act Exemptions 4, 6, and 7(C)—US Fish and Wildlife Service Declaration for Importation or Exportation of Fish and Wildlife—Inadmissible Hearsay—Summary Judgment Affidavit.

United States v. Hemmelgarn.

No. 20-4109.  D.Utah. Judge Tymkovich. Motion for Compassionate Release—Exhaustion of Administrative Remedies—COVID-19.

Peterson v. Nelnet Diversified Solutions, LLC.

No. 19-1348.  D.Colo. Judge Moritz. Fair Labor Standards Act—Compensable Work Standards—De Minimis Doctrine—Prevailing Party Costs.

Bonbeck Parker, LLC v. Travelers Indemnity Company of America.

No. 20-1192.  D.Colo. Judge Moritz. Declaratory Action—Disputed Insurance Policy Provision—“Amount of Loss”—Summary Judgment.

United States v. Kendall.

No. 19-1465.  D.Colo. Judge Ebel. Fourth Amendment—Motion to Suppress—Impoundment—Community Caretaking Doctrine—Scope of Inventory Search.

United States v. Egli.

No. 19-4140. D.Utah. Judge Ebel. Child Pornography Convictions—Revocation of Probation—Special Conditions of Supervised Release—Absolute Prohibition on Computer and Internet Use—18 USC § 3583(d)(2)—Waiver versus Forfeiture—Plain Error.

Silvernagel v. US Bank National Ass’n.

2021 COA 128. No. 20CA1035. Bankruptcy Discharge—Foreclosure on a Deed of Trust—Statute of Limitations—Declaratory Relief.

In the Interest of C.C-S.

2021 COA 127. No. 19CA0913. Safe2Tell—Fourth Amendment—Search and Seizure—Unreasonable Detention—Exclusionary Rule—Delinquency.

People v. Dorsey.

2021 COA 126. No. 18CA2333.  Failure to Register as a Sex Offender—Prior Convictions—CRS § 18-3-412.5.

Rule Change 2021(22)

Colorado Rules of Professional Conduct

Rule Change 2021(21)

Colorado Rules of Civil Procedure

Rule Change 2021(20)

Colorado Rules of Judicial Discipline

Notice of Public Hearing and Request for Comments

Colorado Rules of Professional Conduct

People v. McKay.

2021 CO 72. No. 21SA238. Criminal Law—Searches and Seizures.

People v. Hall.

2021 CO 71. No. 20SC142. Trial by Court—Remarks of Judge—Requisites of Fair Trial.

Notice of Public Hearing and Request for Comments

Rules Governing Admission to the Practice of Law in Colorado

Rule Change 2021(19)

Colorado Code of Judicial Conduct

Rule Change 2021(18)

Colorado Rules of Professional Conduct

Rule Change 2021(17)

Colorado Rules of Probate Procedure and Colorado Probate Code Forms Rule 57 Forms 910, 913, 914, 920, 921, 924, and 926

Rule Change 2021(16)

Colorado Rules of Criminal Procedure

Rule Change 2021(15)

Colorado Code of Judicial Conduct Rules 1.2, 2.3, 2.12, and 2.15

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

United States v. Harris.

No. 20-8032. D.Wyo. Judge Tymkovich. Assimilative Crimes Act—National Parks—Federal Assault Statute.

VDARE Foundation v. City of Colorado Springs.

No. 20-1162.  D.Colo. Judge Phillips. First Amendment—Freedom of Speech—Freedom of Association—Retaliation—42 USC § 1983—State Action Nexus Test—Government Speech—Plausibility Pleading Standard.