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From the Courts

Colorado Court Case Summaries

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People v. Garcia-Gonzalez.

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

November 25, 2020

People v. Park.

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

November 2020

People v. Efe. 

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

November 2020

People v. Corry.

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

November 2020

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.

November 23, 2020

People v. Lee.

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

November 23, 2020

Walker v. Ford Motor Company.

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

November 19, 2020

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.

November 12, 2020

People v. Torline.

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

November 12, 2020

People in the Interest of A.P.H.

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

November 12, 2020

People v. Session.

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

November 12, 2020

Begley v. Ireson.

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

November 5, 2020

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.

November 5, 2020

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.

November 9, 2020

Linnebur v. People.

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

November 9, 2020

People v. Williams.

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

November 9, 2020

People in the Interest of G.C.M.M.

2020 COA 152. No. 19CA2326. Paternity—Jurisdiction—Child Custody—Allocation of Parental Responsibilities—Temporary Injunction—Uniform Parentage Act—Uniform Child-Custody Jurisdiction and Enforcement Act.

October 29, 2020

People v. Oliver.

2020 COA 150. No. 17CA1127. Criminal Law—Constitutional Law—First Degree Murder—Intent—Deliberation—Fourth Amendment Search and Seizure—Investigatory Stop—Arrest.

October 29, 2020

Freirich v. Rabin.

2020 CO 77. No. 19SC86. Probate Law—Attorney-Client Privilege—Duty of Confidentiality—Personal Representative.

November 2, 2020

Notice of Request for Comments

Rules Governing Admission to the Practice of Law in Colorado Deadline for Comments: December 7, 2020 at 5 p.m.

October 30, 2020

Dunafon v. Krupa.

2020 COA 149. No. 19CA1344. Colorado Constitution—Independent Ethics Commission—Public Records—Colorado Open Records Act—Colorado Open Meetings Law—CRCP Rule 106—Amended Complaint. 

October 22, 2020

People v. Magana.

2020 COA 148. No. 17CA0807. Criminal Law—Arson—Prosecutorial Misconduct—Double Jeopardy—Unit of Prosecution—Criminal Mischief—Merger—Mandatory Sentences for Violent Crimes.    

October 22, 2020

Suydam v. LFI Fort Pierce, Inc.

2020 COA 144. No. 19CA0804. Employment Law—Going and Coming Rule—Jury Instruction—Voluntary Dismissal—Non-Party at Fault.

October 8, 2020

People v. Rice.

2020 COA 143. No. 19CA0014. Criminal Law—Restitution.

October 8, 2020

People v. Martinez.

2020 COA 141. No. 17CA1583. Criminal Law—Victim Impact Evidence—Prosecutorial Misconduct—Expert Testimony—Theory of Defense Instruction.

October 8, 2020

People v. Struckmeyer.

2020 CO 76. No. 19SC50. Mutually Exclusive Verdicts—Legally Consistent Verdicts—CRS § 18-1-503(3).

October 19, 2020

Speidell v. United States.

No. 19-1214 to -1218. D.Colo. Judge Briscoe. IRS Enforcement Authority—Retail Marijuana—26 USC § 280E Tax Deduction Disallowance—Discrepancy Between Federal and State Law.

October 19, 2020

People v. Jackson.

2020 CO 75. No. 18SC607. Transferred Intent—Bad-Aim Cases—Mistaken-Identity Cases—Double Jeopardy.

September 21, 2020

People v. Rigsby.

2020 CO 74. No. 18SC923. Mutually Exclusive Verdicts—Legally Consistent Verdicts—CRS § 18-1-503(3)—Double Jeopardy—Multiplicity and Merger.

September 14, 2020

Barrett Corp. v. Lembke.

2020 CO 73. No. 18SC760. Statutory Interpretation—Special Districts—Land Use.

September 14, 2020

Thompson v. People.

2020 CO 72. No. 18SC543. Colorado Securities Act—Security—Plain Error—Consecutive Sentencing.

September 14, 2020

Gonzales v. People.

2020 CO 71. No. 19SC292. Authentication—Audio Recordings—Evidence.

September 14, 2020

Fisher v. People.

2020 CO 70. No. 19SC98. Criminal Procedure—Charging Instruments—Amendments to the Information.

September 14, 2020

People v. Manzanares Jr.

2020 COA 140. No. 16CA1941. Solicitation to Commit Retaliation—Solicitation to Commit Intimidation—Double Jeopardy—Evidence.

September 24, 2020

Hess v. Hobart.

2020 COA 139. No. 19CA0661. Real Property—Mineral Interests—Life Estate.

September 17, 2020

People v. Gilbert.

2020 COA 137. No. 18CA2050. Criminal Law—Mental Health Examination—Due Process—Right to Counsel of Choice—Disqualification of Judge.

September 17, 2020

People v. Black.

2020 COA 136. No. 17CA0317. Criminal Procedure—Jury Deliberations—Impasse—Jury Instructions.

September 17, 2020

Bilderback v. McNabb.

2020 COA 133. No. 19CA1075. Sovereign Immunity—Colorado Governmental Immunity Act—Emergency Vehicle Exception—Trinity Hearing.

September 3, 2020

People v. Ehlebracht.

2020 COA 132. No. 18CA0224. Criminal Law—Sexually Violent Predator—Sex Offender Lifetime Supervision Act—Sentencing—Probation—Double Jeopardy.

September 3, 2020

Aubrey v. Koppes.

No. 19-1153. D.Colo. Judge Ebel. Americans with Disabilities Act—Reasonable Accommodation—Discrimination—Retaliation.

September 14, 2020

United States v. Delgado-Lopez.

No. 19-3113. D.Kan. Judge Lucero. US Sentencing Guidelines—Minor-Role Reduction—Clear Error—Incorrect Legal Standard.

September 14, 2020

United States v. Begay.

No. 19-2022. D.N.M. Judge Lucero. Federal and State Sentencing Disparities—Reasonableness of Sentences.

September 7, 2020

United States v. Channon.

Nos. 19-2028 & 19-2029. D.N.M. Judge Carson. Forfeiture—Restitution—Mandate—Evidentiary Hearing—Plain Error.

August 31, 2020

McCraw v. City of Oklahoma City.

No. 19-6008. W.D.Okla. Judge Lucero. First Amendment—Fourteenth Amendment Due Process—City Ordinance—Use of City Medians.

August 31, 2020

McDaniel v. Navient Solutions, LLC.

No. 18-1445. Bankr.D.Colo. Judge Holmes. Chapter 13 Bankruptcy—Res Judicata—Exceptions to Discharge of Debts—Student Loans.

August 31, 2020

People v. Efe.

No. 18PDJ041 (consolidated with 19PDJ002). Suspension.

April 2020

People v. Barnes.

No. 19PDJ022. Reciprocal Discipline—Public Censure.

August 2019

Sanderson v. Wyoming Highway Patrol.

No. 19-8025. D.Wyo. Judge Ebel. Title VII of the Civil Rights Act—Retaliation—Exhaustion of Administrative Remedies—Hostile Work Environment—Summary Judgment—Exclusion of Expert Witness Testimony.

September 28, 2020

United States v. Koch.

No. 19-8034. D.Wyo. Judge Murphy. Child Pornography Sentencing—Special Condition of Supervised Release—First Amendment—Plain Error.

October 5, 2020

United States v. Cruz.

No. 19-2127. D.N.M. Judge Briscoe. Fourth Amendment Search and Seizure—Motion to Suppress—Probable Cause—Warrantless Entry into Home—Exigent Circumstances.

October 5, 2020

United States v. Abouselman.

No. 18-2164 & 2167. D.N.M. Judge Ebel. Pueblo Water Rights—Aboriginal Water Rights—Extinguishment By Sovereign Authority—Interlocutory Appeal.

September 28, 2020

United States v. Ansberry.

No. 19-1048. D.Colo. Judge McHugh. US Sentencing Guidelines—Substantial Risk of Death or Serious Bodily Injury—Attempted Use of a Weapon of Mass Destruction—Terrorism.

September 21, 2020

Morris v. Industrial Claim Appeals Office

2020 COA 129. No. 19CA1039. Workers’ Compensation—Division Sponsored Independent Medical Examination—Whole Person Impairment Rating—Issue Preclusion.

August 27, 2020

People v. Houser

2020 COA 128. No. 17CA0972. Criminal Procedure—Postconviction Remedies—Patronizing a Prostituted Child—Unconstitutionally Vague—Ineffective Assistance of Counsel.

August 27, 2020

Estate of Treviño

2020 COA 125. No. 19CA0199. Breach of Fiduciary Duty—Payable on Death Account—Collateral—Estate Funds.

August 20, 2020

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