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From the Courts

Colorado Court Case Summaries

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Fogel v. Emmett.

2021 COA 20. No. 19CA1916.  Subpoena—Tender of Mileage Fee—Civil Procedure.     

February 18, 2021

People v. Snider.

2021 COA 19. No. 18CA0598.  Criminal Law—Second Degree Assault on a Peace Officer—Resisting Arrest—Obstruction—Jury Instructions—Self-Defense—Affirmative Defense—Evidence—Prosecutorial Misconduct—Mistrial—Unanimous Verdict—Unit of Prosecution—Double Jeopardy—Lesser Included Offense.

February 18, 2021

People v. Collins.

2021 COA 18. No. 16CA2170. Criminal Law—Sexual Assault on a Child—Testimony—Court Facility Dog—Confrontation Clause—Expert Testimony.

February 18, 2021

In re Marriage of Blaine.

2021 CO13. No. 19SC967.  Uniform Dissolution of Marriage Act—Presumption of Marital Property—Statutory Exceptions to Presumption of Marital Property—Valid Agreement—Interspousal Transfer Deed.

February 16, 2021

In re Marriage of Zander.

2021 CO 12. No. 19SC854.  Uniform Dissolution of Marriage Act—Colorado Marital Agreement Act—Exceptions to Presumption of Marital Property—“Valid Agreement” Exception—Partial Performance Doctrine.

February 16, 2021

Ryser v. Shelter Mutual Insurance Co.

2021 CO 11. No. 19SC530. Insurance—Workers’ Compensation—Uninsured and Underinsured—Exclusivity of Remedy—Co-Employee Immunity.

February 16, 2021

People v. Marston.

2021 COA 14. No. 18CA1879. Criminal Law—Driving While Ability Impaired—Prior Convictions—Elements—Jury—Involuntary Statements—Shreck Hearing—Horizontal Gaze Nystagmus Test—Expert Witness.

February 11, 2021

People v. Propst.

2021 COA 13. No. 18CA1360.  Criminal Law—Sentencing—Probation—Plea Agreement—Revocation—Resentencing.

February 11, 2021

People v. Roberts-Bicking.

2021 COA 12. No. 17CA1396.  Criminal Law—Jury Instructions—Self-Defense—Affirmative Defense Exception—Apparent Necessity—Defense Against Multiple Assailants—Initial Aggressor—Provocation—Unanimity.

February 11, 2021

People v. Blassingame.

2021 COA 11. No. 16CA2200.  Criminal Law—Jury Trial—Challenge for Cause.

February 11, 2021

People v. Wake.

No. 20PDJ038. 1/30/2020. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Sand.

No. 21PDJ002. 1/15/2021. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. McCaffrey.

No. 21PDJ001. 1/12/2021. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Burke.

No. 20PDJ073. 12/28/2020. Conditional Admission of Misconduct—Attorney Suspended.

February 2021

People v. Plemmons.

2021 COA 10. No. 18CA0481. Criminal Law—Constitutional Law—Due Process—Vagueness—Second Degree Assault—Exclusionary Rule.

February 4, 2021

United States v. Barrett.

No. 19-7049.  E.D.Okla. Judge Matheson. Sixth Amendment Ineffective Assistance of Counsel—28 USC § 2255—Prejudice Sufficient to Vacate Death Sentence—Mitigating Evidence.

January 18, 2021

United States v. Maynard.

No. 19-1304. D.Colo. Judge Briscoe. Tax Evasion—US Sentencing Guidelines—Sufficiency of Evidence—Mandatory Victims Restitution Act Calculations—Plain Error.

December 28, 2020

Hooks v. Atoki.

No. 19-6093. W.D.Okla. Judge McHugh. Civil Rights—42 USC § 1983—Excessive Force—Deliberate Indifference.

December 28, 2020

Crowson v. Washington County State of Utah.

Nos. 19-4118 & 19-4120.  D.Utah. Judge McHugh. 42 USC § 1983—Fourteenth Amendment—Eighth Amendment—Interlocutory Appeals—Qualified Immunity—Pendant Appellate Jurisdiction.

December 28, 2020

Fenn v. City of Truth or Consequences.

No. 19-2201. D.N.M. Judge Tymkovich. 42 USC § 1983—First Amendment Retaliation—Malicious Prosecution—Supervisory Liability—Qualified Immunity.

December 28, 2020

United States v. Sanchez.

No. 19-2092. D.N.M. Judge Tymkovich. Fourth Amendment Search and Seizure—Reasonable Suspicion—Probable Cause—Fifth Amendment Custodial Interrogation—Voluntariness of Guilty Plea—Sentencing under Armed Career Criminal Act.

December 28, 2020

People v. Ross.

2021 CO 9. No. 19SC573. CRS § 18-7-402(1)(a) and (b)—For the Purpose of Prostitution of or by a Child—CRS § 18-7-407.

February 1, 2021

In re Raven v. Polis.

2021 CO 8. No. 20SA321. Civil Procedure—Parties—Executive Officials—Proper Defendants.

February 1, 2021

People v. Garcia.

2021 CO 7. No. 19SC548. Confrontation Clause—Sixth Amendment—Testimonial Hearsay.

February 1, 2021

People v. Pennington.

2021 COA 9. No. 20CA1116. Prison Population Reduction and Management Act—Retroactive Application—Separation of Powers.

January 28, 2021

Defend Colorado v. Governor Polis.

2021 COA 8. No. 19CA1636.  Air Quality Control Commission—Clean Air Act—National Ambient Air Quality Standards.

January 28, 2021

Johnson v. Rowan Inc.

2021 COA 7. No. 19CA1211. Arbitration—Health Care Availability Act.

January 28, 2021

People v. Abad.

2021 COA 6. No. 18CA0775. Criminal Law—Sexual Exploitation of a Child—Authentication—Evidence—Hearsay—Constitutional Law—Double Jeopardy—Multiplicity.

January 28, 2021

People in the Interest of L.B-H-P.

2021 COA 5. No. 20CA0897. Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Magistrates—Petition for Review—Timeliness—Excusable Neglect.

January 21, 2021

People in the Interest of R.J.B.

2021 COA 4. No. 20CA0859.  Juvenile Law—Dependency and Neglect—Termination of Parent-Child Legal Relationship—Due Process—Remote Hearing.

January 21, 2021

Perez v. People.

2021 CO 5. No. 19SC356. Criminal Law—Miranda Warnings—Public Safety Exception to Miranda.

January 19, 2021

In re Marriage of Crouch.

2021 COA 3. No. 19CA2084.  Family Law—Modification of Decision-Making Responsibility—Medical Decisions—Burden of Proof—Religion—Endangerment Standard.

January 14, 2021

People v. Noffsinger.

No. 20PDJ059. 12/3/2020. Conditional Admission of Misconduct—Attorney Suspended.

January 2021

People v. Berumen.

No. 20PDJ070. 12/16/2020. Conditional Admission of Misconduct—Attorney Suspended.

January 2021

In re Estate of Yudkin.

2021 CO 2. No. 19SC234. Common Law—Divorce—Marriage and Cohabitation.

January 11, 2021

People v. Raider Jr.

2021 COA 1. No. 17CA1896. Criminal Law—Motor Vehicle—DUI —Expressed Consent Statute—Warrant—Forced Blood Draw.

January 7, 2021

United States v. Ybarra Cruz.

No. 19-2132. D.N.M. Judge Phillips. Fourth Amendment—Reasonable Suspicion—Public Authority Defense—Confidential Informant.

December 14, 2020

United States v. Alfred.

No. 19-1243.  D.Colo. Judge McHugh. Coercion and Enticement—Facilitating Prostitution—Fed. R. Evid. 404(b)—Intrinsic Evidence—Fed. R. Evid. 403.

December 14, 2020

Addo v. Barr.

No. 18-9560.  Board of Immigration Appeals. Judge Hartz. Petition for Asylum—Withholding of Removal—Convention Against Torture—Substantial Evidence.

December 14, 2020

Alfaro-Huitron v. Cervantes Agribusiness.

No. 19-2091.  D.N.M. Judge Hartz. Migrant and Seasonal Agricultural Worker Protection Act—H-2A Work Visa Program—Breach of Contract—Agency Law—Civil Conspiracy.

December 7, 2020

Bond v. City of Tahlequah.

No. 19-7056. E.D.Okla. Judge McHugh. 42 USC § 1983 Excessive Force Claim—Qualified Immunity—Fourth Amendment—Reasonable Force.

November 30, 2020

United States v. Silva.

No. 19-1298. D.Colo. Judge Hartz. Sentencing Guidelines—Prior Offense Enhancement—Separateness—Plain Error Review.

November 23, 2020

Owens v. Williams.

2020 COA 177. No. 19CA0890. Parole Computation—Parole Eligibility—Continuous Sentence.

December 31, 2020

Redden v. Clear Creek Skiing Corporation.

2020 COA 176. No. 19CA0512. Personal Injury—Negligence—Negligence Per Se—Colorado Passenger Tramway Safety Act—Ski Safety Act of 1979—Exculpatory Agreement—Waiver—Public Policy.

December 31, 2020

People v. Hayes.

2020 COA 175. No. 18CA1001. Traffic Stop—License Plates—Fourth Amendment—Suppression of Evidence.

December 31, 2020

People v. Sauser.

2020 COA 174. No. 17CA1233. Criminal Law—Menacing—Aggravated Robbery—Continuance—Affirmative Defense—Duress—Res Gestae—Character Evidence—Right Against Self-Incrimination—Prosecutorial Misconduct—Merger—Lesser Included Offense.

December 31, 2020

Department of Corrections v. Stiles.

2020 CO 90. No. 19SC107. “Arbitrary, Capricious, or Contrary to Rule or Law” Standard of Review—CRS § 24-50-103(6)—State Personnel Board—Appointing Authority—Disciplinary Action.

December 21, 2020

Elder v. Williams.

2020 CO 88. No. 19SC1009. Civil Rights—Employment Practices—Governmental Immunity—Statutory Construction.

December 21, 2020

People v. Bott.

2020 CO 86. No. 19SC599.  Criminal Law—Double Jeopardy—Unit of Prosecution—Statutes.

December 14, 2020

People v. Marquez.

2020 COA 169, 170, and 171. Nos. 19CA1810, 19CA1811, & 19CA1812. Criminal Law—Crim. P. 35(c) Motions—Postconviction Counsel.

December 10, 2020

Rueb v. Rich-Federicks.

2020 COA 168. No. 19CA1189.  Inmate Lawsuits—Successive Claims—In Forma Pauperis—Three Strikes.

December 3, 2020

People v. Barnett.

2020 COA 167. No. 19CA1056.  Criminal Law—Attempt to Influence a Public Servant—Private Institution.

December 3, 2020

People v. Kent.

2020 CO 85. No. 20SA265. Motion to Disqualify District Attorney—CRS § 20-1-107(2)—“Special Circumstances.”

December 7, 2020

People v. Arellano.

2020 CO 84. No. 20SA206. Disqualification—Special Circumstances.

December 7, 2020

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

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