Edwards v. New Century Hospice, Inc.

2023 CO 49. No. 23SA91. Statutory Immunity—Principles of Statutory Interpretation—Definition of “Person.”

Request for Comments: Colorado Rules of Professional Conduct

Deadline to submit comments: December 15, 2023 at 4 p.m.

Notice of Public Hearing and Request for Comments: Colorado Rules of ICWA Procedures

Deadline to submit comments: November 30, 2023 at 4 p.m. Deadline to request to speak at public hearing: November 30, 2023 at 4 p.m.

South Conejos School District RE-10 v. Wold Architects Inc.

2023 COA 85. No. 23CA0595. Construction Law—Construction Defect Action Reform Act—Limitation of Actions—Accrual of Claims.

Tolle v. Steeland, LLC.

2023 COA 84. No. 22CA0790. Landlords and Tenants—Colorado Premises Liability Act—Contracts—Arbitration Clauses—Wrongful Death—Damages—Action Notwithstanding Death.

People v. Kennedy.

2023 COA 83. No. 21CA1203. Vehicular Homicide (DUI)—Eighth Amendment—Cruel and Unusual Punishment—Proportionality Review—Per Se Grave or Serious Offenses.

People v. Schnorenberg.

2023 COA 82. No. 19CA0223. Colorado Securities Act—Securities Fraud and Other Prohibited Conduct—Material Misstatements or Omissions—Fraudulent Course of Business—Advice of Counsel Defense—Hearsay—Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time—Jury Instructions.

People in the Int. of A-J.A.B. v. H.J.B.

2023 CO 48. No. 22SC670. Indian Child Welfare Act—Termination of Parental Rights—Dependency and Neglect—Notice Requirements—Due Diligence—Statutory Interpretation.

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

2023 CO 47. No. 21SC930. Litigation Privilege—Defamation—Statements of Counsel—Class Actions.

Medina v. People.

2023 CO 46. No. No. 21SC765. Criminal Procedure—Plea of Guilty—Constitutional Law—Due Process.

Andersen v. DelCore.

No. 22-1130. 8/18/2023. D.Colo. Judge Ebel. Suspected Child Abuse—Excessive Use of Force—Summary Judgment—Qualified Immunity.

United States v. Old Rock.

No. 22-4047. 8/11/2023. D.Utah. Judge Murphy. Pretrial Detainee—Use of Force—Qualified Immunity—Summary Judgment.

United States v. Canada.

No. 21-3202. 8/8/2023. D.Kan. Judge Carson. Warrantless Search—Protective Sweeps—Fourth Amendment Search and Seizure—Reasonable Suspicion.

Kazi v. KFC US, LLC.

No. 22-1017. 8/4/2023. D.Colo. Judge Hartz. Franchise Agreement— Breach of Implied Covenant of Good Faith and Fair Dealing—Kentucky Law.

United States v. Akers.

No. 21-3226. 8/4/2023. D.Kan. Judge Murphy. Chronic Abuse of the Court System—Frivolous Motions—Appropriateness of Sanctions.

Boulter v. Noble Energy Inc.

Nos. 21-1384 & 22-1170. 7/25/2023. D.Colo. Judge Carson. Colorado Oil and Gas Conservation Commission— Subject Matter Jurisdiction—Exhaustion of Administrative Remedies—Issue Preclusion— Change in Law—Unpublished Colorado Court of Appeals Opinion—Appellate Jurisdiction.

People in Interest of J.R.M.

2023 COA 81. No. 22CA1578. Juvenile Court—Trial by Jury or by the Court—Waiver of Statutory Right to Jury Trial.

Colorado Workers for Innovative and New Solutions v. Gherardini.

2023 COA 80. No. 22CA1260. State Administrative Procedure Act—Colorado Partnership for Quality Jobs and Services Act—Hearings and Determinations—Initial Decisions—Judicial Review—Final Agency Action—Colorado State Labor Relations Rules—Appeals of Coverage Decisions by the State Personnel Director.

Gomez v. Walker.

2023 COA 79. No. 22CA0463. Limitation of Actions—General Limitation of Actions Three Years—Computation of Time.

People v. Woodyard. 2023 COA 78. No. 19CA0376.

Money Laundering—Colorado Organized Crime Control Act—Conspiracy—Fourth Amendment—Police Surveillance—Reasonable Expectation of Privacy.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Romney v. People.

No. 23PDJ018. 8/23/2023. Stipulation to Reinstatement.

People v. Kennedy.

No. 22PDJ063. 5/4/2023. Reciprocal Discipline.

People v. Cornejo.

No. 21PDJ085 (consolidated with Nos. 22PDJ026 and 22PDJ057). 6/13/2023. Opinion Imposing Sanctions.

Reynolds v. Great Northern Insurance Co.

2023 COA 77. No. 22CA1305. Insurance Companies—Required Disclosures—Penalty for Untimely Disclosures—One-Year Limitation of Actions for Any Penalty—Continuing Violation Doctrine.

Bertoia v. Denver Gateway.

2023 COA 76. No. 22CA1619. Lis Pendens—Spurious Document—Colorado Uniform Fraudulent Transfer Act—Supersedeas Bond—Mootness of Appeal.

People v. Bonde.

2023 COA 75. No. 21CA0137. Credit for Presentence Confinement—Community Corrections Programs—Credit Against Term of Confinement—Nonresidential Community Supervision.

Ward v. State.

2023 CO 45. No. 23SA150. Ballot Titles—Subject Matter Jurisdiction–Single-Subject Requirement—Clear Expression Requirement.

People v. Timbreza.

No. 23PDJ028. 6/7/2023. Stipulation to Discipline.

People v. Owens.

No. 23PDJ030. 6/23/2023. Stipulation to Discipline.

People v. Menges.

No. 21PDJ008. 5/31/2023. Stipulation to Discipline.

People v. Matthews.

No. 23PDJ032. 7/11/2023. Stipulation to Discipline.

People v. Maffeo.

No. 21PDJ083. 6/6/2023. Reciprocal Discipline.

People v. Laffoon.

No. 23PDJ026. 6/23/2023. Stipulation to Discipline.

People v. Haubenreiser.

No. 23PDJ003. 7/21/2023. Stipulation to Discipline.

People v. Gradisar.

No 23PDJ027. 5/24/2023. Stipulation to Discipline.

People v. Egbune.

No. 22PDJ029. 3/21/2023. Opinion Imposing Sanctions.

People v. Edwards.

No. 21PDJ077. 5/22/2023. Opinion Imposing Sanctions.

Conley v. People.

No. 23PDJ014. 6/21/2023. Stipulation to Reinstatement.

Simon v. Industrial Claim Appeals Office.

2023 COA 74. No. 22CA1922. Unemployment Benefits—Disqualification—Insubordination—COVID-19—Religious Exemption From Immunization Requirements.

People v. Coats.

2023 CO 44. No. 23SA114. Imposition of Discipline for Violation of Judicial Duties.

King Soopers Inc. v. Industrial Claim Appeals Office.

2023 COA 73. Workers’ Compensation—Unexplained Injury—Neutral Risk—“But-for” Test.

Rosenblum v. Budd.

2023 COA 72. No. 22CA0393. Defamation—Misappropriation of Name and Likeness—Civil Conspiracy—Anti-SLAPP Statute—Special Motion to Dismiss—Attorney Fees.

Colorado Supreme Court: Colorado Judicial Ethics Advisory Board (CJEAB)

C.J.E.A.B. Advisory Opinion 2023-01 (Finalized and effective July 25, 2023)

Chung v. Lamb.

No. 22-1266. 7/13/2023. D.Colo. Judge Haztz. Agreement for Legal Representation—Real Party in Interest—Sanctionable Conduct—Attorney Fees—Surreply—Law of the Case.

Hogan v. Pilgrim’s Pride Corp.

No. 21-1445. 7/13/2023. D.Colo. Judge Hartz. Securities Fraud—Class Action—Amended Pleadings—Relation Back—Fed. R. Civ. P. 15(c)—Statute of Repose.

Wise v. Caffey.

Nos. 22-5069 & 22-5086. 7/11/2023. N.D.Okla. Judge Tymkovich. Pretrial Detainee—Use of Force—Qualified Immunity—Summary Judgment.

United States v. Redbird.

No. 22-6055. 7/10/2023. W.D.Okla. Judge Moritz. Premeditated First-Degree Murder—Assault Resulting in Serious Bodily Injury—Self-Defense—Fed. R. Evid. 404(a)(2)(B)—Testimony on Propensity for Violence—Failure to Object on Grounds Raised on Appeal—Plain Error Review—Waiver of Evidentiary Challenge.

United States v. Gallimore.

No. 22-6081. 6/28/2023. W.D.Okla. Judge Carson. Armed Career Criminal Act Sentencing Enhancement—Prior Convictions—Crimes Occurring on the Same Occasion—Pretext—Summary Judgment.

United States v. Lee.

No. 21-6167. 6/27/2023. W.D.Okla. Judge Carson. Felon in Possession of a Firearm—US Sentencing Guideline § 5G1.3(b)(1)—District Court Discretion—Downward Sentencing Adjustment.

Rule Change 2023(13)

The Colorado Appellate Rules

Anderson v. Shorter Arms Investors, LLC.

2023 COA 71. No. 22CA0122. Landlords and Tenants—Warranty of Habitability—Statutory Notice Requirements.

People v. Roberson.

2023 COA 70. No. 21CA1713. Restitution Amount—Statutory Deadline to Order Restitution—Good Cause to Extend Deadline—Waiver—Invited Error—Harmless Error.

People in the Interest of Uwayezuk.

2023 COA 69. No. 22CA2278. Competency to Proceed—Involuntary Medication Administration—Ineffective Assistance of Counsel—Sufficiency of Pleadings.

Cronk v. Bowers.

2023 COA 68. No. 22CA1075. Boundary by Acquiescence Doctrine—Adverse Possession—Disputed Boundary—Civil Theft—Unlawful Detention—Permanent Injunction—Attorney Fees and Costs.

Dodge v. Padilla.

2023 COA 67. No. 22CA0857. County Officers—Sheriff—Colorado Governmental Immunity Act—Negligence—Respondeat Superior.

Mulberry Frontage Metropolitan District v. Sunstate Equipment Co.

2023 COA 66. No. 22CA0680. Eminent Domain—Owner Attorney Fees—Lessee Attorney Fees.

Gomez v. Walker.

2023 COA 65. No. 22CA0463. Limitation of Actions—General Limitation of Actions—More Recent Specific Statute—Computation of Time.

Cuevas v. Public Service Co. of Colorado.

2023 COA 64. No. 22CA0301. Public Utilities—Tariff Sheet No. R87 of Electric Tariff—High-Voltage Safety Act Violation—Attorney Fees and Costs.

In re Marriage of Bochner.

2023 COA 63. No. 22CA0441. Uniform Dissolution of Marriage Act—Modification of Court-Appointed Decision-Maker’s Decision—De Novo Hearing—Attorney Fees.

Rosten v. Industrial Claim Appeals Office.

2023 COA 62. No. 22CA1663. Workers’ Compensation—Medical Impairment Benefits—Final Admission of Liability—Division-Sponsored Independent Medical Examination—Records-Only Review—Impeachment Testimony.

Alderman v. Colorado State University.

2023 COA 61. No. 22CA1140. Colorado State University System Board of Governors—Temporary Suspension in Case of Fire, Fatal Diseases, or Unforeseen Calamity—Contracts—Quantum Meruit—Unjust Enrichment.

City and County of Denver v. Monaghan Farms, Inc.

2023 COA 60. No. 22CA0956. Eminent Domain—Condemnation—Settlement Agreement—Fee Simple Absolute—Possibility of Reverter.

Jansma v. Colorado Department of Revenue, Motor Vehicle Division.

2023 COA 59. No. 22CA0761. vocation of Driver’s License Based on Administrative Determination—Probable Cause to Believe Person Should Be Subject to License Revocation for Excess BAC or Refusal—Express Consent Affidavit—Burden of Proof.

People v. Garcia.

2023 COA 58. No. 21CA0834. Sixth Amendment Right to Public Trial—Waiver—Due Process—Charging Instruments—Constructive Amendment—Prosecutorial Misconduct—Surcharges and Fees.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

Second Quarter

People v. Parker.

No. 23PDJ024. 5/17/2023. Stipulation to Discipline.

People v. Musselman.

No. 23PDJ025. 5/19/2023. Stipulation to Discipline.

People v. McGarvey.

No. 23PDJ023. 5/19/2023. Stipulation to Discipline.

People v. Marcus.

No. 23PDJ020. 5/2/2023. Stipulation to Discipline.

People v. Lund-Brown.

No. 22PDJ059. 4/6/2023. Opinion Imposing Sanctions.

People v. Layton.

No. 22PDJ032. 4/19/2023. Opinion Imposing Sanctions.

People v. Kazazian.

No. 21PDJ031.  3/3/2023. Opinion Imposing Sanctions.

People v. Healy.

No. 23PDJ008. 5/1/2023. Stipulation to Discipline.

People v. Grassby.

No. 23PDJ006. 5/4/2023. Stipulation to Discipline.

People v. Bush.

No. 23PDJ002. 5/15/2023. Stipulation to Discipline.

People v. White.

2023 CO 43. Search and Seizure—Investigatory Stops—Scope and Character of the Intrusion Related to the Investigative Purpose—Consent to Provide a Blood Sample.

United States v. McGirt.

No. 22-7048. Attempted Second Degree Murder—US Sentencing Guidelines—Aggravated Assault and Battery—Crime of Violence.

United States v. Spaeth.

No. 21-3096. Sixth Amendment Right to Counsel—Plea Agreement—28 USC § 2255 Motion—Pre-Plea Constitutional Claims.

United States v. Freeman.

No. 22-2039. Sexual Abuse—Sufficiency of Evidence—Jury Instructions on Offense Elements—Peremptory Challenges—Harmless Error.

McAuliffe v. Vail Corp.

No. 21-1400. 6/6/2023. D.Colo. Judge McHugh. Class Action—Dismissal with Prejudice—Implied Covenant of Good Faith and Fair Dealing—Unjust Enrichment—Money Had and Received—Breach of Contract—Breach of Warranty—State Consumer Protection Claims.

M Welles and Associates, Inc. v. Edwell, Inc.

No. 22-1248. 5/31/2023. D.Colo. Judge Ebel. Trademark Infringement—Unfair Competition—Likelihood of Confusion Factors—Motion to Supplement Appellate Record.

Rule Change 2023(12)

Rules Governing Admission to the Practice of Law in Colorado.

Rule Change 2023(11)

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. Rules 252.1, 252.2, 252.3, 252.4, 252.5, 252.6, 252.7, 252.8, 252.9, 252.10, 252.11, 252.12, 252.13, 252.14, 252.15, 252.16, and 252.17.

Hagerty v. Luxury Asset Capital, LLC.

2023 COA 57. No. 22CA0916. Uniform Commercial Code—Construction of Contracts—Warranty of Title—Goods Sold “As Is” and Without Express or Implied Warranties.

People v. Neustel.

2023 COA 56. No. 20CA1710. Sexual Exploitation of a Child—Sexual Assault on a Child—Sexually Violent Predators—Victim—Fictional Persona.

People v. Vanderpauye.

2023 CO 42. No. 21SC771. Self-Serving Hearsay—Excited Utterance Hearsay Exception—CRE 803(2)—CRE 403—Harmless Error.

Garcia v. People.

2023 CO 41. No. 21SC473. Double Jeopardy—Multiple Prosecutions—Simultaneous Proceedings—Multiplicity.

In re People v. Smith.

2023 CO 40. No. 23SA2. Constitutional Interpretation—Right to Bail—Capital Offenses Exception.

Aurora Public Schools v. A.S.

2023 CO 39. No. 22SC824. Statutes—Constitutional Law Retroactivity—Statutes of Limitation.

People v. McLaughlin.

2023 CO 38. No. 21SC506. Criminal Law—Colorado Rules of Evidence—Rule of Completeness—Self-Serving Hearsay—Impeachment of a Hearsay Declarant.

Estate of Liebe.

2023 COA 55. No. 22CA1076. Inter Vivos Gifts—Transfer of Vehicle Title.

Tremitek, LLC v. Resilience Code, LLC.

2023 COA 54. No. 22CA1009. Commercial Leases—Tenant’s Breach of Lease—Liquidated Damages Provision—Landlord’s Duty to Mitigate Damages.

Brennan v. Broadmoor Hotel Inc.

Brennan v. Broadmoor Hotel Inc. Brennan v. Broadmoor Hotel Inc.

Pellegrin v. People.

2023 CO 37. No. 21SC796. Multiple Sentences or Punishments—Merger of Offenses—Statutory Interpretation—Offenses and Penalties—Jury Trial Right—Factors Enhancing Sentence.

People v. Smiley.

2023 CO 36. No. 22SA350. Custodial Interrogation—Miranda Rights—Self-Incrimination—Waiver—Voluntariness.

Orellana-Leon v. People.

2023 CO 34. No. 21SC340. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child.

Chirinos-Raudales v. People.

2023 CO 33. No. 21SC325. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child—Concurrent Sentences—Identical Evidence.

People v. Kelley.

2023 CO 32. No. 22SA874. Physician-Patient Privilege—Waiver—Involuntary Intoxication.

State v. Hill.

2023 CO 31. No. 22SC119. Standing—Declaratory Judgment.