From the Courts
Colorado Court Case Summaries
In re Marriage of Fabos.
2022 COA 66. No. 20CA1881. Dissolution of Marriage—Assisted Reproduction—Embryos.
June 23, 2022
People in the Interest of J.O.
2022 COA 65. No. 20CA1539. Juvenile Delinquency—Unlawful Sexual Conduct—Sexual Gratification or Abuse—Intent.
June 16, 2022
People in the Interest of J.G.
2022 COA 64. No. 20CA0218. Juvenile Delinquency—Fourth Amendment—School Searches—Safety Plan.
June 16, 2022
Owens v. Williams.
2022 CO 33. No. 21SC52. Parole Eligibility Calculation—One-Continuous-Sentence Rule—CRS § 17-22.5-101—CRS § 17-22.5-403—Hybrid Method of Calculating Sentence.
June 21, 2022
Ford Motor Co. v. Walker.
2022 CO 32. No. 20SC947. Personal Injury Judgment Debtor—Interest on Damages—Statutory Interpretation—CRS § 13-21-101—Statutorily Fixed 9% Interest Rate—Market-Based Postjudgment Interest Rate—Appealed Judgment—Final Judgment.
June 21, 2022
People v. Trujillo-Tucson.
2022 CO 31. No. 21SA386. Fifth Amendment Right to Counsel—Invoking the Right to Counsel—Suppression of Statements.
June 21, 2022
McBride v. People.
2022 CO 30. No. 20SC717. Tail Lamp Violation—Statutory Construction—Sufficiency of the Evidence.
June 21, 2022
Chronos Builders, LLC v. Department of Labor.
2022 CO 29. No. 22SC78. Taxpayer’s Bill of Rights—Constitutional Interpretation.
June 21, 2022
People v. Vialpando.
2022 CO 28. No. 20SC343. Plain Error—Prosecutorial Misconduct—Cumulative Error.
June 21, 2022
CORE Electric Cooperative v. Freund Investments, LLC.
2022 COA 63. No. 21CA0574. Eminent Domain—Condemnation—Property Valuation Methods—CRE 803.
June 14, 2022
In re People in the Interest of S.A.
2022 CO 27. No. 21SA383. Children’s Code—Dependency or Neglect Proceedings—Jurisdiction.
June 13, 2022
Danks v. Colorado Public Utilities Commission.
2022 CO 26. No. 21SA265. Public Utility Law—Administrative Law.
June 13, 2022
People v. Washington.
2022 COA 62. No. 19CA1332. Criminal Procedure—Permissive Joinder—Harmless Error—Crim. P. 8—Crim. P. 14.
June 9, 2022
Magana v. People.
2022 CO 25. No. 20SC928. Arson—Unit of Prosecution—Sentencing.
June 13, 2022
People in the Interest of A.P.
2022 CO 24. No. 22SA6. Right to Relief from Judgment—Nature and Scope of Remedy—Bias and Prejudice.
June 6, 2022
People in the Interest of M.M.
2022 COA 61. No. 21CA0760. Dependency and Neglect—Indian Child Welfare Act—Reason to Know—Assertion of Lineage—Proper Notice.
June 2, 2022
People in the Interest of K.P.
2022 COA 60. No. 21CA0574. Dependency and Neglect—Collateral Bar Rule—Protection Order—First Amendment—Freedom of Speech—Contempt—Sanctions.
June 2, 2022
People v. Newton.
2022 COA 59. No. 18CA1697. First Degree Murder—Evidence Tampering—Custodial Interview—Miranda Warning—Fifth Amendment—Right to Counsel—Evidence.
June 2, 2022
Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition
Second Quarter 2022
People v. Abrahamson Pirzadeh.
No. 21PDJ066. 5/20/2022. Stipulation to Discipline.
June 2022
People v. Adams.
No. 22PDJ016. 5/19/2022. Reciprocal Discipline.
June 2022
People v. Barnes.
No. 22PDJ014. 5/20/2022. Stipulation to Discipline.
June 2022
People v. Herrera.
No. 22PDJ019. 5/4/2022. Stipulation to Discipline.
June 2022
People v. Raines.
No. 20PDJ025. 4/27/2022. Revocation of Probation.
June 2022
People v. Raines.
No. 22PDJ021. 5/3/2022. Stipulation to Discipline.
June 2022
People v. Ricciardelli
No. 22PDJ017. 4/22/2022. Stipulation to Discipline.
June 2022
Colorado Supreme Court: Colorado Judicial Ethics Advisory Board (CJEAB)
C.J.E.A.B. Advisory Opinion 2022-03 (Finalized and effective May 18, 2022)
May 18, 2022
United States v. Hartley.
No. 22-3010. D.Kan. Judge Matheson. Early Termination of Probation—18 USC § 3564(c)—Waiver of Appeal Rights—Blanket Policy versus Statutory Criteria—Harmless Error.
May 16, 2022
Denver Homeless Out Loud v. Denver, Colorado.
No. 21-1025. D.Colo. Judge McHugh. Homeless Encampments Sweeps—Preliminary Injunction—Preclusive Effect of Prior Settlement Agreement—Jurisdiction—Preservation—Claim Preclusion.
May 2, 2022
Allen v. Environmental Restoration, LLC.
No. 19-2197. D.N.M. Judge Carson. Clean Water Act—Statute of Limitations—Federal Preemption—Choice of Law.
May 2, 2022
United States v. Shakespeare.
No. 21-8010. D.Wyo. Judge Murphy. Revocation of Probation—Supervised Release—Jury Trial Rights—Double Jeopardy—Plain Error Review.
April 25, 2022
Seale v. Peacock.
No. 21-1144. D.Colo. Judge McHugh. Motion to Dismiss for Failure to State a Claim—Motion to Amend Complaint—Standing—Stored Communications Act.
April 25, 2022
United States v. Holzer.
No. 21-1080. D.Colo. Judge Briscoe. Plot to Bomb Synagogue—Special Conditions of Supervised Release—First Amendment—Appellate Waiver Provision of Plea Agreement.
April 25, 2022
People v. Gilbert.
2022 CO 23. No. 20S853. Motion for Continuance—Sixth Amendment—Counsel of Choice.
May 31, 2022
In re Estate of Garcia.
2022 COA 58. No. 21CA0263. Slayer Statute—Jurisdiction—Standing—Probate.
May 26, 2022
Doe v. University of Denver.
2022 COA 57. No. 20CA1545. Student Sexual Misconduct Investigations—Contract—Tort.
May 26, 2022
People v. Smith.
2022 COA 56. No. 19CA2359. Crim. P. 35(c)—Postconviction Counsel—Waiver of Pro Se Claims—Ineffective Assistance of Counsel.
May 26, 2022
People v. Montoya.
2022 COA 55. No. 18CA1409. Driving Under the Influence—Refusal to Take a Blood Test—Expressed Consent Statute—CRE 106 Rule of Completeness.
May 26, 2022
People v. Eason.
2022 COA 54. No. 21CA0962. Crim.P.24(c)(4)—Mistrial Due to Public Health Crisis—Fair Jury Pool—Separation of Powers—Discovery Violations—Sanctions.
May 19, 2022
People in the Interest of E.V.
2022 COA 53. No. 20CA2087. Delinquency—Possession of a Handgun—Suppression of Evidence—Reasonable Suspicion—Investigatory Stop—Sentencing—Mandatory Detention.
May 19, 2022
People v. Tomaske.
2022 COA 52. No. 19CA1491. Disarming a Peace Officer—Attempt to Disarm a Peace Officer—Police Baton—Force-Against-Intruders Affirmative Defense—Sufficiency of Evidence.
May 19, 2022
French v. Centura Health Corp.
2022 CO 20. No. 20SC565. Contracts—Incorporation by Reference—Amount of Compensation and Value of Services.
May 16, 2022
Gomez v. JP Trucking, Inc.
2022 CO 21. No. 20SC950. Interstate Drivers—Overtime Compensation—Overtime Exemption—Colorado Minimum Wage Order, 7 Colo. Code Regs. 1103-1—Fair Labor Standards Act, 29 USC §§ 201–209—Motor Carrier Act Exemption, 29 USC § 213(b)(l).
May 16, 2022
Farmers Reservoir and Irrigation Co. v. Arapahoe County Water and Wastewater Authority.
2022 CO 22. No. 21SA122. Water Law—Water Decree Interpretation—Terms and Conditions.
May 16, 2022
Overton v. Chess.
2022 COA 51. No. 20CA2091. Property Tax—Treasurer’s Deed—Redemption—Interest—Improvements—Expenditures—Offset—Easement.
May 12, 2022
Gravina Siding and Windows Co. v. Frederiksen.
2022 COA 50. No. 20CA1465. Breach of Contract—Unjust Enrichment—Negligent Supervision—Attorney Fees.
May 5, 2022
Hughes v. Essentia Insurance Co.
2022 COA 49. No. 20CA1356. Automobile Insurance—Uninsured/Underinsured Motorist Benefits—Personal Injuries.
May 5, 2022
Rule Change 2022(08)
Colorado Rules of Professional Conduct
April 28, 2022
Rule Change 2022(07)
The Colorado Rules for Civil Infractions
April 7, 2022
Notice of Request for Comments: Colorado Rules of Professional Conduct
Deadline for Comments: July 22, 2022, at 4 p.m.
May 3, 2022
Estate of Burgaz v. Jefferson County Board of Commissioners.
No. 21-1049. D.Colo. Judge Tymkovich. 42 USC § 1983—Deliberate Indifference—Motion to Dismiss—Qualified Immunity—Supplemental Jurisdiction over State Law Claims.
April 11, 2022
United States v. Moore.
No. 20-3171. D.Kan. Judge Phillips. Sentencing Bargain—“Sentence in Advance”—Probation Revocation Hearing—Invited Error Doctrine—Plain Error Review—Procedural Reasonableness of Sentence.
April 11, 2022
Walker v. BOKF, National Association.
No. 20-2046. D.N.M. Judge Briscoe. Bank Extended Overdraft Charges—Interest versus Deposit Account Services—National Bank Act of 1864—Office of the Comptroller of the Currency Regulations—Deference.
April 4, 2022
United States v. Chavez.
No. 20-2083. 3/29/2022. D.N.M. Judge Eid. Attempted Federal Bank Robbery—Forced Withdrawal of Money from ATM—Legal Impossibility Defense.
March 28, 2022
Heard v. Dulayev.
No. 19-1461. D.Colo. Judge Eid. 42 USC § 1983—Excessive Force—Summary Judgment—Qualified Immunity—Pendent Appellate Jurisdiction—Appellate Jurisdiction.
March 28, 2022
United States v. McIntosh.
No. 20-5089. N.D.Okla. Judge Ebel. Knowing and Voluntary Guilty Plea—Motion to Withdraw Plea—Procedural Due Process.
March 21, 2022
Johnson Family Law, P.C. v. Bursek.
2022 COA 48. No. 20CA2043. Colo. RPC 5.6(a)—Restrictions on Right to Practice Law.
April 28, 2022
People v. Sanders.
2022 COA 47. No. 18CA0525. Colorado Code of Judicial Conduct—Disqualification of Judge—Appearance of Bias—Jury—Batson Challenge—Prosecutorial Misconduct.
April 28, 2022
People in the Interest of Jay.J.L.
2022 COA 43. No. 21CA0659. Dependency and Neglect—Indian Child Welfare Act—“Reason to Know”—Due Diligence.
April 14, 2022
C & C Investments, LP v. Hummel.
2022 COA 42. No. 20CA1879. Homeowners Association—Foreclosure Sale—Notice—Due Process—Default Judgment—Void Ab Initio—Post-Foreclosure Right to Cure.
April 14, 2022
Hunter v. SCL Health-Front Range, Inc.
2022 COA 41. No. 20CA1776. Professional Liability—Medical Malpractice—Certificate of Review.
April 14, 2022
People v. Ramos.
2022 CO 16. No. 22SA10. Criminal Procedure—Fourth Amendment.
April 11, 2022
In re Marriage of Mack.
2022 CO 17. No. 21SC62. Public Employment Retirement Benefits—Dissolution of Marriage—Equitable Division of Assets.
April 11, 2022
Arapahoe County Department of Human Services v. Velarde.
2022 CO 18. No. 21SC232. State Administrative Procedure Act—Judicial Review of Final Agency Action—Judicial Enforcement of Agency’s Final Order—CRS § 24-4-106—Overpayment of Medical Assistance Benefits.
April 11, 2022
Dr. Macaulay v. Villegas.
2022 COA 40. No. 21CA0288. Workers’ Compensation Act—Statute of Limitations—Reopening a Case—Penalty Claim—Equitable Tolling.
April 7, 2022
In re Marriage of Turner.
2022 COA 39. No. 21CA0663. Dissolution of Marriage—Permanent Orders—Bonuses—Marital Property.
March 31, 2022
Herbst v. University of Colorado Foundation.
2022 COA 38. No. 20CA2067. Uniform Prudent Management of Institutional Funds Act—Charitable Trust—Special Interest—Standing.
March 31, 2022
Houser v. CenturyLink, Inc.
2022 COA 37. No. 20CA1052. Securities—Merger—Material Misstatements—Material Omissions—Controlling Persons—Leave to Amend Complaint.
March 31, 2022
People v. Moreno.
2022 CO 15. No. 21SA181. Freedom of Speech—Overbreadth—Harassment.
March 28, 2022
Hale v. Southeast Colorado Power Association.
2022 COA 36. NO. 21CA1757. Statutory Offer of Settlement—Modification—Avoidance.
March 24, 2022
Ricchio v. Colorado Securities Commissioner.
2022 COA 35. No. 20CA0791. Administrative Procedure Act—Colorado Securities Act—Cease and Desist Order—Irreconcilable Conflict.
March 24, 2022
People v. Gulyas.
2022 COA 34. No. 19CA0342. Sexual Assault on a Child—Juror—Challenge for Cause—Rape Shield Statute.
March 24, 2022
People v. Clark.
2022 COA 33. No. 19CA0340. Juror Bias—Challenge for Cause—Peremptory Strike—County Court Judge—Jury Deliberations.
March 24, 2022
Cisneros v. Elder.
2022 CO 13. No. 21SC6. Colorado Governmental Immunity Act—Waivers of Sovereign Immunity—Intentional Torts.
March 21, 2022
People v. Cortes-Gonzalez.
2022 CO 14. No. 21SA308. Attorney-Client Privilege—Attorney-Client Confidentialities—Implied Waiver—Fairness Principle—Automatic Statutory Waiver—CRS § 18-1-417—Ineffective Assistance of Counsel—Postconviction Remedies—Crim. P. 35(c)—C.A.R. 21.
March 21, 2022
People v. Le.
2022 COA 32. No. 19CA1997. Restitution—Victim—Tax Evasion—Retail Marijuana Excise Tax.
March 17, 2022
Skillett v. Allstate Fire and Casualty Insurance Co.
2022 CO 12. No. 21SA187. C.A.R. 21.1—Certified Questions of State Law—Insurance—Companies and Persons Liable—Statutory Bad Faith.
March 14, 2022
People in the Interest of A-J.A.B.
2022 COA 31. No. 21CA0764. Dependency and Neglect—Termination of Parent-Child Legal Relationship—Indian Child Welfare Act—“Reason to Know”—Notice—Due Diligence.
March 10, 2022
People v. Brown.
2022 CO 11. No. 21SA110. Criminal Law—Searches and Seizures—Probable or Reasonable Cause.
March 8, 2022
Rule Change 2022(06)
Colorado Rules of Professional Conduct. Rule 3.8. Special Responsibilities of a Prosecutor
February 24, 2022
Rule Change 2022(05)
The Colorado Appellate Rules. Form 1905 and Rules 1, 2, 3, 3.4, 4, 4.1, 5, 7, 10, 21, 26, 28, 28.1, 29, 30, 32, 39.1, 41, 42, 51, 52, 53, and 55
February 24, 2022
Renfro v. Champion Petfoods USA, Inc.
No. 20-1274. D.Colo. Judge Tymkovich. Class Action—False and Misleading Advertisements—Colorado Consumer Protection Act—Motion to Dismiss—Standing.
February 14, 2022
United States v. Cordova.
No. 20-2007. D.N.M. Per Curiam. Violent Crime in Aid of Racketeering Activity—Motions for New Trial—Sufficiency of the Evidence—Alleged Government Misconduct—Newly Acquired Evidence—Admissibility of Partially Inaudible Recording.
February 7, 2022
Ajaj v. Federal Bureau of Prisons.
No. 19-1250. D.Colo. Judge Hartz. Religious Freedom Restoration Act—Motion to Dismiss—Mootness—Money Damages Against Individual Defendants—Qualified Immunity.
February 7, 2022
United States v. Anthony.
No. 20-6134. W.D.Okla. Judge Tymkovich. 28 USC § 2255—One-Year Limitations Period—Finality of Judgment of Conviction in Deferred Restitution Case.
February 7, 2022
United States v. Black.
No. 20-3199. D.Kan. Judge Bacharach. Speedy Trial Act—Fed. R. Crim. Proc. 20—Case Transfer Between Districts—Determining District Where Case is Pending—Computing Excludable Days—Failure to Raise Issue Below.
January 31, 2022
No. 21-1143. Thompson v. Ragland.
D.Colo. Judge Hartz. 42 USC § 1983—First Amendment Freedom of Speech—Student Speech—Qualified Immunity—Motion to Dismiss.
January 24, 2022
Weld County Board of County Commissioners v. Ryan.
2022 COA 26. No. 20CA1445. Colorado Department of Public Health and Environment Air Quality Control Commission— Rulemaking—Standing—Judicial Review—Jurisdiction—Colorado Administrative Procedure Act—Colorado Air Pollution Prevention and Control Act.
February 24, 2022
McCauley v. Colorado Department of Revenue.
2022 COA 25. No. 20CA1344. State Personnel System—Employment—Withdrawal of Resignation.
February 24, 2022
People v. O’Day.
2022 COA 24. No. 19CA2314. Fifth Amendment—Probation Revocation Hearing.
February 24, 2022
People v. Tarr.
2022 COA 23. No. 18CA0485. Fourth Amendment—Expressed Consent Statute—DUI—Warrantless Search—Blood Draws.
February 24, 2022
Maphis v. City of Boulder.
2022 CO 10. No. 20SC646. Colorado Governmental Immunity Act—Sovereign Immunity—Dangerous Condition.
February 22, 2022
Lodge Properties, Inc. v. Eagle County Board of Equalization.
2022 CO 9. No. 20SC852. Taxation—Real Property.
February 22, 2022
Rojas v. People.
2022 CO 8. No. 20SC399. Res Gestae—Other Acts Evidence.
February 22, 2022
Pisano v. Manning.
2022 COA 22. No. 19CA2352. Personal Injury—Noneconomic Damages—Statutory Cap—Exceptional Circumstances.
February 17, 2022
People v. Liebler.
2022 COA 21. No. 19CA1201. Attempted Aggravated Robbery—Use of Force—Testimony—Contradictory Video Evidence—Credibility of Witnesses—Prosecutorial Misconduct.
February 17, 2022
People v. Castillo.
2022 COA 20. No. 19CA0754. Sentencing—Equal Protection—Extreme Indifference Murder—Age at Time of Offense—Proportionality Review.
February 17, 2022
People v. Brown.
2022 COA 19. No. 18CA1099. Freedom of Speech—Retaliation Against a Judge—True Threat.
February 17, 2022
People v. Ojeda.
2022 CO 7. No. 19SC763. Peremptory Challenges—Equal Protection—Constitution and Selection of Jury.
February 14, 2022
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