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From the Courts

Colorado Court Case Summaries

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Johnson v. People.

2023 CO 7. No. 21SC665. Statutory Interpretation—Waiver—Forfeiture—Plain Error—Plain Meaning—Jury Instructions—Constitutional Vagueness—Sufficiency of the Evidence.

February 6, 2023

People v. Storey.

No. 20PDJ063. 11/10/2022. Opinion on Remand Imposing Sanctions.

February 2023

People v. Grewe.

No. 22PDJ037. 12/27/2022. Stipulation to Discipline.

February 2023

People v. Braden.

No. 22PDJ065. 1/10/2023. Stipulation to Discipline.

February 2023

Pinnacol Assurance v. Laughlin.

2023 COA 9. No. 21CA1678. Garnishments—Exemptions—Social Security Benefits—Child Support Payments—Custodial Accounts—Commingled Funds.

January 26, 2023

Scardina v. Masterpiece Cakeshop, Inc.

2023 COA 8. No. 21CA1142. Colorado Anti-Discrimination Act—Discrimination in Places of Public Accommodation—Failure to Exhaust Administrative Remedies—First Amendment—Freedom of Speech—Freedom of Religion.

January 26, 2023

People v. Randolph.

2023 COA 7. No. 20CA0174. Soliciting for Child Prostitution—Mens Rea—Knowingly—Sufficiency of Evidence—Expert Testimony.

January 26, 2023

United States v. Coulter.

No. 21-6118. 1/18/2023. W.Okla. Judge Matheson. Conspiracy to Commit Sex Trafficking—Child Sex Trafficking—Sufficiency of Evidence—Testimony—Improper Bolstering—Post-Trial Jury Interactions—Cumulative Error.

January 16, 2023

United States v. Leib.

No. 21-2136. 1/18/2023. D.N.M. Judge Ebel. US Sentencing Guidelines—Four-Level Enhancement for State Law Offense—Hearsay—Sufficiency of Evidence.

January 16, 2023

Sagome, Inc. v. Cincinnati Insurance Co.

No. 21-1359. 1/3/2023. D.Colo. Judge Tymkovich. COVID-19 Pandemic—Government Shutdowns of Businesses—Comprehensive General Insurance Coverage—Physical Loss—Civil Authority Coverage.

January 2, 2023

United States v. Harbin.

No. 21-8038. 12/27/2022. D.Wyo. Judge Murphy. US Sentencing Guidelines—Career Offender—Controlled Substance—Clear or Obvious Error.

December 26, 2022

People in Interest of L.S.

CO 3. No. 22SA282. Statutory Interpretation—Dependency or Neglect—Burden of Proof.

January 23, 2023

In the Interest of A.D.

2023 COA 6. No. 22CA0402. Colorado Uniform Guardianship and Protective Proceedings Act—Guardianship of Minor—Judicial Appointment of Guardian—Parents Unwilling or Unable to Exercise Parental Rights—Minor’s Best Interest.

January 19, 2023

Highlands Broadway OPCO, LLC v. Barre Boss, LLC.

2023 COA 5. No. 21CA1735. Landlords and Tenants—Commercial Leases—Breach of Contract—Force Majeure Clause—Affirmative Defenses—Impossibility of Performance—Frustration of Purpose—Failure to Mitigate Damages.

January 19, 2023

In re Marriage of Badawiyeh.

2023 COA 4. No. 22CA0174. Dissolution of Marriage—Uniform Child Abduction Prevention Act—Factors to Determine Abduction Risk.

January 12, 2023

People v. Tennyson.

2023 COA 2. No. 20CA0646. Sentencing—Restitution—Postconviction Remedies— Sentence Imposed in an Illegal Manner.

January 12, 2023

People v. Cox.

2023 COA 1. No. 19CA2403. Juries—Impasse—Supplemental Instruction When Jurors Fail to Agree—Speedy Trial—State Court Jurisdiction.

January 12, 2023

United States v. Samilton.

No. 21-6150. 12/20/2022. W.D.Kan. Judge Matheson. Fourth Amendment Search and Seizure—Investigatory Stop—Reasonable Suspicion—Motion to Suppress.

December 19, 2022

United States v. Nevarez.

No. 21-1286. 12/19/2022. D.Colo. Judge Baldock. Speedy Trial Act—COVID-Related Time Delay—US Sentencing Guidelines—Offense Level Reduction for Acceptance of Responsibility.

December 19, 2022

Mahdi v. Salt Lake Police Department.

No. 21-4102. 12/5/2022. D.Utah. Judge Hartz. High-Speed Chase—Fourteenth Amendment Substantive Due Process—Excessive Force—Failure to Train or Supervise Employees—Qualified Immunity.

December 5, 2022

United States v. Kearn.

No. 22-3068. 12/2/2022. D.Kan. Judge Phillips. Collateral Proceedings—Ineffective Assistance of Counsel—Change of Plea—Resentencing—Appellate Jurisdiction.

November 28, 2022

Hicks v. Colorado Hamburger Co.

2022 COA 149. No. 22CA0968. Class Actions—Class Certification—CRCP 23—Proof of Liability and Damages.

December 29, 2022

Adams County Housing Authority v. Panzlau.

2022 COA 148. No. 21CA1972. Code of Judicial Conduct—Colorado Governmental Immunity Act—CRCP 97—Successive Motions to Recuse—Judge’s Former Law Firm—Stay of Proceedings.

December 29, 2022

Turoff v. Itachi Capital, Inc.

2022 COA 147. No. 21CA0825. Colorado Uniform Arbitration Act—Colorado Rules of Civil Procedure—Appellate Jurisdiction.

December 29, 2022

People in the Interest of A.S.L.

2022 COA 146. No. 22CA0723. Dependency and Neglect—Allocation of Parental Responsibilities—Out-of-Home Placement—Reasonable Efforts to Reunify the Family.

December 22, 2022

People v. Garcia.

2022 COA 144. No. 20CA1697. Due Process—Right to an Impartial Jury—Voir Dire—Confrontation Clause—Public Policy Considerations—Trial Proceedings—COVID-19— Face Masks.

December 22, 2022

People v. Knisley.

2022 CO 59. No. 22SA290. Judicial Testimony—Witness in a Separate Proceeding—Motion to Quash a Subpoena.

December 19, 2022

Kulmann v. Salazar.

2022 CO 58. No. 22SC135.  Statutory Interpretation—Municipal Government—Election Law.

December 19, 2022

Woo v. El Paso County Sheriff’s Office.

2022 CO 56. No. 20SC865. Motion for Return of Lawfully Seized Property—Ancillary Jurisdiction of Trial Court Over Motion for Return of Property Following Sentencing—Morrow Test for Ancillary Jurisdiction—CGIA Immunity from Civil Replevin in Detention Actions—Constitutional Due Process Protection Against Erroneous Deprivation of Property.

December 12, 2022

People in Interest of E.B.

2022 CO 55. No. 22SC213. Parental Rights—Due Process—Actual Prejudice—Continuance.

December 12, 2022

Roane v. Archuleta.

No. 22CA0204. 2022 COA 143. Colorado Open Records Act—Public Records Request—Allowance or Denial of Inspection—Disclosure and Discovery.

December 15, 2022

People v. Martinez.

No. 21CA0883. 2022 COA 142. Probation—Restitution—Payment Schedule— Good Cause for Probation Extension.

December 15, 2022

Nguyen v. Lai.

2022 COA 141. No. 21CA0418. Uniform Dissolution of Marriage Act—Declaration of Invalidity—Property Disposition.

December 8, 2022

People v. Johnson.

2022 COA 139. No. 20CA0764. Enticement of a Child—Insufficient Evidence—CRE 404(b).

December 8, 2022

People v. Stern.

No. 22PDJ007. 9/7/2022. Opinion Imposing Sanctions.

September 2022

People v. Lewis.

No. 21PDJ076. 8/29/2022. Opinion Imposing Sanctions.

August 2022

People v. Ryan.

2022 COA 136. No. 19CA0172. Domestic Violence—Habitual Domestic Violence Offender—Sentencing—Penalty Enhancers—Prior Convictions.

December 1, 2022

United States v. Gregory.

No. 20-3232. 11/14/2022. D.Kan. Judge Hartz. Conspiracy to Commit Bank Fraud—Bank Fraud—Making False Bank Entries—Motion for Judgment of Acquittal—Sufficiency of the Evidence—Motion for New Trial—Prosecutorial Misconduct.

November 14, 2022

Surat v. Klamser.

No. 21-1284. 11/9/2022. D.Colo. Judge McHugh. Qualified Immunity—Summary Judgment—Disputed Issues of Material Fact.

November 7, 2022

Vincent v. Nelson.

No. 20-8030. 10/27/2022. D.Wyo. Judge Holmes. Wyoming Workers’ Compensation Act—Liability—Motion to Compel—Motion for New Trial—Expert Witness Testimony—Evidentiary Rulings—Affidavits.

October 24, 2022

United States v. Herrera.

No. 19-2126. 10/27/2022. D.N.M. Judge Bacharach. Violent Crimes in Aid of Racketeering Act—Suppression of Evidence—Prior Bad Acts—Severance of Counts—Severance of Trials—Continuances—Non-Jurisdictional Constitutional Challenge—Impeachment Evidence—Cumulative Error.

October 24, 2022

Zapata-Chacon v. Garland.

No. 20-9645. 10/25/2022. B.I.A. Judge McHugh. Conditional Permanent Resident—Removal—Reopen or Review Case—Reinstatement of Removal Order—Jurisdiction.

October 24, 2022

People v. Cline.

2022 COA 135. No. 20CA1121. Second Degree Assault of a Police Officer—Subpoena—Motion to Quash—In Camera Review—Jury Instructions—Use of Deadly Physical Force Against an Intruder—Unlawful Entry.

November 23, 2022

People v. Salah.

2022 COA 134. No. 2019CA0180. Sentencing—Sex Offender Intensive Supervision Probation—Right of Familial Association.

November 23, 2022

Hyde v. People.

No. 21PDJ013. 3/3/2022. Opinion Denying Restatement.

November 2022

People in the Interest of S.Z.S.

2022 COA 133. No. 22CA0305. Dependency and Neglect—Termination of Parent-Child Legal Relationship—Americans with Disabilities Act—Reasonable Accommodations.

November 17, 2022

People v. Fillerup.

Nos. 22PDJ010 & 22PDJ023. 9/29/2022. Opinions Imposing Sanctions.

November 2022

Anschutz v. Department of Revenue.

2022 COA 132. No. 21CA1242. Colorado Income Tax Act of 1987—Federal Taxable Income—Coronavirus Aid, Relief, and Economic Security Act—Excess Business Loss.

November 17, 2022

People v. Solis.

2022 CO 53. No. 22SA200. Motion to Disqualify District Attorney—CRS § 20-1-107(2)—Special Circumstances.

November 14, 2022

Amaya v. Industrial Claim Appeals Office.

2022 COA 131. No. 22CA0467. Workers’ Compensation Death Benefits—Multiple Dependents—Apportionment—Lump Sum Compensation—Proportionate Share.

November 10, 2022

R.W. v. People.

2022 CO 51. No. 22SC86. Dependency, Permanency, and Termination Factors—Children in Need of Aid—“Home State” of Child—Removal to Another State.

November 7, 2022

Home Improvement, Inc. v. Villar.

2022 COA 129. No. 21CA1241. Civil Procedure—Service of Process—Service by Mail—Service by Publication—Address—Last Known Address.

November 3, 2022

People v. Black.

2022 COA 127. No. 19CA0395. First Degree Murder—Conspiracy to Commit First Degree Murder—Venue—Severance—Right to Public Trial—Trivial Courtroom Closure.

November 3, 2022

Save the Colorado v. Spellmon.

No. 21-1155. 9/30/2022. D.Colo. Judge Bacharach. Federal Energy Regulatory Commission License—US Army Corps of Engineers Permit—District Court—Federal Court of Appeals—Jurisdiction.

September 26, 2022

United States v. Winrow.

No. 21-6069. 9/27/2022. W.D.Okla. Judge Bacharach. Armed Career Criminal Act—Categorical Approach—Modified Categorical Approach.

September 26, 2022

Parker v. United Airlines, Inc.

No. 21-4093. 9/26/2022. D.Utah. Judge Bacharach. Family and Medical Leave Act—Retaliation—Pretext—Causal Chain—Independent Investigation.

September 26, 2022

People in the Interest of Joergensen.

2022 COA 126. No. 22CA0291. Competency to Proceed—Involuntary Administration of Medication—Sell Test—Procedure After Determination of Competency or Incompetency.

October 27, 2022

Ute Water Conservancy v. Fontanari Jr.

2022 COA 125. No. 20CA2132 & 21CA0135. Easements—Unreasonable Interference—Breach of Contract—Declaratory Relief—Injunctive Relief—Damages—Costs.

October 27, 2022

People v. Robinson.

2022 COA 124. No. 19CA1768. Insurance Fraud—Double Jeopardy—Multiplicity—Testimony.

October 27, 2022

L.S.S. v. S.A.P.

2022 COA 123. No. 21CA0853. Anti-SLAPP Statute—Special Motion to Dismiss—Defamation—False Claim of Child Abuse—Extreme and Outrageous Conduct.

October 20, 2022

People v. Dhyne.

2022 COA 122. No. 20CA1565. Fourth Amendment—Search Warrant—Multiple Occupancy Structures—Common Use or Occupation Exception.

October 20, 2022

DiPietro v. Coldiron.

2022 COA 121. Nos. 22CA0740 & 22CA0815. Colorado Open Records Act—Denial of Records Inspections—Attorney-Client Privilege—Deliberative Process Privilege—Person in Interest.

October 13, 2022

People in the Interest of E.B.

2022 COA 120. No. 21CA1055. Dependency and Neglect—Termination of the Parent-Child Legal Relationship—Placement with Family Members—Final Appealable Order.

October 13, 2022

People v. Romero.

2022 COA 119. No. 20CA0143. Juries—Peremptory Challenges—Batson Challenges.

October 13, 2022

People v. Johnson.

2022 COA 118. No. 19CA0768. Juries—Peremptory Challenges—Batson Challenges—Per Se Approach—Generalized Expert Testimony.

October 13, 2022

People v. Snelling.

2022 COA 116. No. 20CA1144. Second Degree Burglary—First Degree Criminal Trespass—Lesser Included Offenses—Supplemental Jury Instructions—Prosecutorial Misconduct—Admissibility of Evidence—Merger.

October 6, 2022

People v. Dennel Jr.

2022 COA 115. No. 19CA1007. Children’s Code—Juvenile Court—Juvenile Transfer Statute—Delinquency—Transfers to Criminal Court.

October 6, 2022

In re Storey.

2022 CO 48. No. 21SA220. Attorney Regulation—Asset Disclosure—Attorney Fees.

October 4, 2022

People v. Mangum.

2022 COA 114. No. 22CA0506. Postconviction Remedies—Speedy Trial.

September 29, 2022

Woo v. Baez.

2022 COA 113. No. 21CA0343. Actions Against Licensed Professionals—Service of Process—Indigency—Certificate of Review—Fourteenth Amendment—Due Process—Equal Protection.

September 29, 2022

In re Marriage of DePumpo.

2022 COA 112. No. 21CA0183. Dissolution of Marriage—Spousal Maintenance—Child Support—Imputed Income—Rental Property Income—Ordinary and Necessary Expenses.

September 29, 2022

People v. Martinez.

2022 COA 111. No. 19CA1481. Reckless Manslaughter—Jury Instructions—Affirmative Defenses—Traverse—Use of Physical Force in Self-Defense.

September 29, 2022

Lewis v. City of Edmond.

No. 21-6081. 9/16/2022. W.D.Okla. Judge Baldock. 42 USC § 1983—Claim of Excessive Force—Fourth Amendment—Motion for Summary Judgment—Qualified Immunity.

September 12, 2022

Pacheco v. El Habti.

No. 20-7002. 9/15/2022. E.D.Okla. Judge Hartz. Habeas Corpus Petition—28 USC § 2254—Statute of Limitations—State Court Jurisdiction—Major Crimes Act—Actual Innocence Exception—New Constitutional Right Exception—Certificate of Appealability.

September 12, 2022

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