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From the Courts

Colorado Court Case Summaries

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People v. Montoya.

2024 CO 20. No. 22SC580. Rule of Completeness—DUI—Administrative Law—BAC Testing—Jury Question—Admissibility of Evidence—Appellate Jurisdiction—Abate Ab Initio.

April 15, 2024

People v. Martinez.

2024 COA 34. No. 22CA0667. Due Process—Indictment and Information—Constructive Amendment—Jury Interrogatory—Sufficiency of Evidence—Hearsay.

April 11, 2024

Kinslow v. Mohammadi.

2024 CO 19. No. 22SC787. Statute of Limitations— Limitations for Persons Under Disability—Tolling—When a Statute Begins to Run.

April 8, 2024

People v. Bohler.

2024 CO 18. No. 23SA121. Criminal Law—Miranda—Custody—Jurisdiction for Interlocutory Appeals.

April 8, 2024

People v. Kilby.

No. 24PDJ020. 3/15/2024. Stipulation to Discipline.

April 7, 2024

People v. Harro.

No. 23PDJ033 (consolidated with No. 23PDJ071). 3/8/2024. Stipulation to Discipline.

April 7, 2024

People v. Reynolds-Wynn.

2024 COA 33. No. 21CA2080. Constitutional Law—Sixth Amendment—Confrontation Clause—Witnesses—Bias—Cross-Examination.

April 4, 2024

People v. Vega Dominguez.

2024 COA 32. No. 21CA1144. Colorado Constitution—Equal Protection—Attempted Patronizing a Prostituted Child—Attempted Inducement of Child Prostitution—Mens Rea—Jury Instructions.

April 4, 2024

Colorado Department of State v. Unite for Colorado.

2024 COA 31. No. 23CA0989. Election Law—Initiative and Referendum—Fair Campaign Practices Act—Colorado Constitution Article 28, § 2(10)—Issue Committees—Major Purpose—Disclosure.

March 28, 2024

Simpson v. City of Durango.

2024 COA 30. No. 23CA0622. Colorado Open Records Act—Work Product Exceptions—Work Product Prepared for Elected Officials—Appellate Attorney Fees.

March 28, 2024

Stalder v. Colorado Mesa University.

2024 COA 29. No. 23CA0311. Colorado Anti-Discrimination Act—Americans with Disabilities Act—Intentional Infliction of Emotional Distress—Rights of Individuals With Service Animals—Legitimate Suspicions Doctrine.

March 28, 2024

United States v. Zhong.

No. 22-1034. 3/12/2024. D.Colo. Judge Eid. US Sentencing Guidelines—Mandatory Minimum Sentence—Non-Guideline Sentence—Safety Valve Relief.

March 12, 2024

Young v. Colorado Department of Corrections.

No. 23-1063. 3/11/2024. D.Colo. Judge Tymkovich. Mandatory Employee Training—Hostile Work Environment—Equal Protection— Title VII of the Civil Rights Act—Leave to Amend Complaint—Plausible Allegations.

March 11, 2024

Alex W. v. Poudre School District R-1.

Nos. 22-1236 & 22-1250. 3/7/2024. D.Colo. Judge Rossman. Individuals With Disabilities Education Act—Statute of Limitations—Disability Evaluations—Individual Education Program—Functional Behavior Analysis—Free Appropriate Public Education—Independent Neuropsychological Evaluation—Cost Reimbursement.

March 7, 2024

Bacote v. Federal Bureau of Prisons.

No. 22-1325. 3/5/2024. D.Colo. Judge Carson. Federal Bureau of Prisons—Confinement Conditions—Injunctive and Declaratory Relief—Eighth Amendment—Prudential Mootness.

March 5, 2024

United States v. Pemberton.

No. 22-7028. 3/4/2024. E.D.Okla. Judge Tymkovich. State Court Jurisdiction—Indian Country—Motion to Suppress—Good Faith Exception to Exclusionary Rule—Sentencing Hearing—Right to Proceed Pro Se.

March 4, 2024

United States v. Ware.

No. 22-6203. 2/28/2024. W.D.Okla. Judge Rossman. Correctional Officers—Deliberate Indifference to Substantial Risk of Serious Harm—Use of Excessive Force—US Sentencing Guidelines—Downward Variance—Substantive Reasonableness of Sentence.

February 28, 2024

Essentia Insurance Co. v. Hughes.

2024 CO 17. No. 22SC450.  Uninsured/Underinsured Motorist Benefit—CRS § 10-4-609— DeHerrera v. Sentry Insurance Co.v, 30 P.3d 167 (Colo. 2001)—Specialty Antique/Classic-Car Policies—Adjunctive Specialty Antique/Classic-Car Policies Functioning in Tandem With Standard Regular-Use-Vehicle Policies.

March 25, 2024

In re People v. Maes.

2024 CO 15. No. 22SA273. Criminal Law—Preliminary Hearings—Probable Cause—Reviewability of Magistrate Determinations—Colorado Rules for Magistrates—Final Order or Judgment—Timeliness.

March 25, 2024

People v. Hood.

2024 COA 27. No. 21CA1808. Unlawful Sexual Behavior—Rape Shield Statute—DNA Testing—Relevancy of Evidence—Exclusion of Relevant Evidence.

March 14, 2024

People v. Lopez.

2024 COA 26. No. 19CA2313. Testimony Concerning the Truthfulness of Another Witness—Opening the Door Doctrine—Preliminary Witness Questions—Response to Jury Question.

March 14, 2024

Godinez v. Williams.

2024 CO 14. No. 23SA277.Colorado’s Sex Offender Lifetime Supervision Act Parole Provisions as Applied to Juvenile Sex Offenders—Graham v. Florida, 560 U.S. 48, 75 (2010), Parole Requirements for Nonhomicide Juvenile Offenders.

March 11, 2024

United States v. Garcia-Rodriguez.

No. 22-6194. 2/21/2024. W.D.Okla. Judge Bacharach. Fourth Amendment—Plain View—Summary Judgment—Collateral Order Doctrine.

February 21, 2024

Hobbs v. City of Salida.

2024 COA 25. No. 23CA0073. Noise Abatement—Maximum Permissible Noise Levels—Colorado Noise Abatement Act—Preemption of Municipal Law—Noise Ordinances.

March 7, 2024

In re Kiesnowski.

2024 CO 12. No. 23SA171. Judicial Discipline—Sanctions.

March 4, 2024

Million v. Grasse.

2024 COA 22. No. 22CA1154. Limited Liability Companies—Piercing Doctrine—Alter Ego—Breach of Contract—Civil Theft.

February 29, 2024

People v. Melendez.

2024 COA 21. No. 22CA0058. Sixth Amendment—Confrontation Clause—Postconviction Remedies—Conviction Obtained or Sentence Imposed in Violation of the Constitution—Margerum Rule—Retroactive Application.

February 29, 2024

People v. Kirby.

2024 COA 20. No. 21CA1699. Reckless Vehicular Homicide—Reckless Manslaughter—Careless Driving Resulting in Death—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses.

February 29, 2024

People v. Hicks.

No. 23PDJ039. 2/2/2024. Stipulation to Discipline.

February 28, 2024

People v. Brassill.

2024 COA 19. No. 23CA0058. Sentencing—Assessment of Restitution—Procedural Deadlines—Scheduling Order—Reasonable Diligence.

February 22, 2024

Miller v. Amos.

2024 CO 11. No. 22SC936.Landlord and Tenant—Forcible Entry and Detainer—Affirmative Defenses—Civil Rights.

February 20, 2024

People v. Owens.

2024 CO 10. No. 08SA402. Examination of Jurors—Peremptory Challenges—Misconduct Evidence—Remarks by Witnesses—Cross-examination and Impeachment.

February 20, 2024

Hice v. Giron.

2024 CO 9. No. 22SC671. Governmental Immunity—Emergency Vehicles.

February 20, 2024

GHP Horwath, P.C. v. Kazazian.

2024 CO 8. No. 23SA146. Right of Access—Supervisory Power of the Court—Injunction Against Self-Representation.

February 20, 2024

Schnelle v. Cantafio.

2024 COA 17. No. 23CA1333. Summary Judgment—Motion for Directed Verdict—Malicious Prosecution—Lack of Probable Cause—CRCP 50—CRCP 56—C.A.R.4.2(d).

February 15, 2024

Thomas v. Childhelp, Inc.

2024 COA 16. No. 23CA0431. Colorado Rules of Civil Procedure—Class Actions—Class Certification—Claim in Individual Capacity—Colorado Consumer Protection Act—Summary Judgment.

February 15, 2024

Babayev v. Hertz Corp.

2024 COA 15. No. 23CA0117. Insurance—Motor Vehicle Rental Companies—Uninsured/Underinsured Motorist Coverage—CRCP 56(h)—Actual Insurer—De Facto Insurer.

February 15, 2024

People v. Dulac.

2024 COA 14. No. 22CA2216. Sex Offender Registration—Petition for Removal From Registry—Deferred Judgment and Sentence—Deferred Adjudication—Case Dismissal.

February 15, 2024

People v. Wade.

2024 COA 13. No. 21CA1581. Harassment—Assault in the Second Degree—Assault in the Third Degree—Child Abuse—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses—Affirmative Defenses—Self-Defense.

February 15, 2024

County of Jefferson v. Stickle.

2024 C0 7. No. 22SC632. Colorado Governmental Immunity Act—Sovereign Immunity—Building—Design—Dangerous Condition.

February 5, 2024

Martinez v. People.

2024 CO 6. No. 22S272. Criminal Law—Restitution—Standard of Review—Proximate Cause.

February 5, 2024

People in Interest of E.E.L-T.

2024 COA 12. No. 22CA1714. Family Law—Allocation of Decision-Making Responsibility—Impasse Between Joint-Decision-Makers—Best Interests of the Child—Endangerment Finding.

February 8, 2024

People v. Torrez.

2024 COA 11. No. 20CA0727. Jury Instructions—Empanelment Oath—Standard of Review—Plain Error.

February 8, 2024

People v. Mrachek.

No. 23PDJ065. 12/4/2023. Stipulation to Discipline.

February 12, 2024

People v. Kennedy.

No. 23PDJ061. 12/22/2023. Stipulation to Discipline.

February 12, 2024

People v. Keller.

No. 24PDJ001. 1/10/2024. Stipulation to Discipline.

February 12, 2024

People v. Chavez.

No. 21PDJ070. 1/10/2024. Stipulation to Discipline.

February 12, 2024

People v. Chavez.

No. 23PDJ060. 1/10/2024. Stipulation to Discipline.

February 12, 2024

Speech First, Inc. v. Shrum.

No. 23-6054. 2/9/2024. W.D.Okla. Judge Hartz. Organizational Standing—Pseudonymous Declaration.

February 9, 2024

United States v. Morales-Lopez.

No. 22-4074. 2/9/2024. D.Utah. Judge Baldock. 18 USC § 922(g)(3)—Unlawful User of a Controlled Substance—Fifth Amendment Due Process Clause—Facial Challenge—As-Applied Challenge.

February 9, 2024

United States v. Devereaux.

No. 22-1203. 2/6/2024. D.Colo. Judge Ebel. US Sentencing Guidelines—Base Offense Level—Prior Conviction—Categorical Versus Modified Categorical Approach—Crime of Violence.

February 6, 2024

Logsdon v. US Marshal Service.

No. 23-7008. 2/5/2024. E.D.Okla. Judge Hartz. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.

February 5, 2024

City and County of Denver v. Board of County Commissioners of Adams County.

2024 CO 5. No. 22SC250. Breach of Contract Claim—Statute of Limitations—Accrual Date—CRS § 13-80-108(6)—Bennett Bear Creek Farm Water and Sanitation District v. City and County of Denver, 907 P.2d 648, 654 (Colo.App. 1995), aff’d in part and rev’d in part, 928 P.2d 1254 (Colo. 1996).

January 29, 2024

Stone Group Holdings LLC v. Ellison.

2024 COA 10. No. 23CA0004. Remedies—Damages—Prejudgment Interest—Final Appealable Order—Lack of Appellate Jurisdiction.

January 25, 2024

People v. Roper.

2024 COA 9. No. 21CA0309. Sixth Amendment Right to Public Trial—Partial Courtroom Closure—Waller Test—Findings—Structural Error.

January 25, 2024

United States v. Dawson.

No. 22-8064. 1/22/2024. D.Wyo. Judge Baldock. Fourth Amendment—Plain View—Summary Judgment—Collateral Order Doctrine.

January 22, 2024

Stone v. High Mountain Mining Co.

No. 22-1340. 1/3/2024. D.Colo. Judge Tymkovich. Clean Water Act—Gold Mining—State Regulatory Scheme—County of Maui v. Hawaii Factors.

January 3, 2024

United States v. Guinn.

No. 22-5072. 12/28/2023. N.D.Okla. Judge Phillips. Aggravated Sexual Abuse by Force and Threat in Indian Country—Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country—US Sentencing Guidelines—Fed. R. Evid. 413—Admissibility of Prior Nonsexual Offenses.

December 28, 2023

United States v. Stepp.

No. 23-2029. 12/26/2023. D.N.M. Judge McHugh. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.

December 26, 2023

People v. Smith.

2024 CO 3. No. 22SC562. Post-Conviction Relief—Abandonment.

January 22, 2024

Wolven v. del Rosario Velez.

2024 COA 8. No. 22CA2120. Personal Injury—Admissibility of Healthcare Provider Liens—Applicability of American Medical Association Impairment Ratings—Limiting Instruction.

January 18, 2024

People v. Mitchell.

2024 COA 7. No. 21CA1676. Fourteenth Amendment—Equal Protection—Selective Prosecution—Reverse Transfer to Juvenile Court—Prosecutorial Discretion.

January 18, 2024

People v. Fregosi.

2024 COA 6. No. 21CA0116. Sentencing—Restitution—Procedural Deadlines—Good Cause to Extend Trial Court’s Deadline—Actual Costs of Specific Future Treatment—In Camera Review of Records.

January 18, 2024

People v. Dye.

2024 CO 2. No. 23SA140. Alternate Suspect Defense—Crim. P.16(II)(c)—Defendant's Discovery Obliations—“Nature of Any Defense"—People v. Elmarr, 2015 CO 53, 351 P.3d 431—Timing of Admissibility Determinations—Discretion to Hold a Hearing.

January 16, 2024

Johnson v. Bursek.

2024 CO 1. No. 22SC497. Rules of Professional Conduct—Public Policy—Sua Sponte Rulings.

January 16, 2024

Johnson v. McGrath.

2024 COA 5. No. 23CA0469. Inmate Lawsuits—In Forma Pauperis—Successive Claims—Imminent Danger of Serious Physical Injury—Court Findings.

January 11, 2024

People in the Interest of C.M.W.R.

2024 COA 4. No. 22CA0925. Juvenile Delinquency—Adjudicatory Proceedings—Speedy Trial Right—Continuance Granted Without Defendant’s Consent—Unavailability of Evidence Material to State’s Case.

January 11, 2024

United States v. Conley.

No. 22-5112. 12/22/2023. N.D.Okla. Judge Matheson. Bank Fraud—Aggravated Identity Theft—US Sentencing Guidelines—Loss Calculation—Factual Basis for Plea.

December 22, 2023

United States v. Martinez, Jr.

No. 22-1167. 12/20/2023. D.Colo. Judge Kelly. Drug Trafficking—Expert Testimony—First Amendment—Spontaneous Announcement During Trial—Jury Instruction.

December 20, 2023

United States v. Ramos.

No. 23-6071. 12/15/2023. W.D.Okla. Judge Murphy. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.

December 15, 2023

BP America Production Co. v. Haaland.

No. 22-8024. 12/6/2023. D.Wyo. Judge Phillips. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.

December 6, 2023

Ian C. v. UnitedHealthcare Insurance Co.

No. 22-4082. 12/5/2023. D.Utah. Judge Phillips. Employee Retirement Security Income Act—Mental Health and Substance Abuse Treatment—Benefits Denial—Arbitrary and Capricious Standard of Review.

December 5, 2023

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