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From the Courts

Colorado Court Case Summaries

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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

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 15, 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 10, 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 9, 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 8, 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.

February 1, 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 26, 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

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

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

In re Marriage of Flanders.

2022 COA 18. No. 21CA0356.  Child Support Modification—Dependency and Neglect—Psychological Parent.

February 10, 2022

People v. Walker.

2022 COA 15. No. 18CA0963. Outrageous Government Conduct—Out-of-Court Identification—Prosecutorial Misconduct—Constitutional Law—Cruel and Unusual Punishment—Habitual Criminal—Proportionality Review.

February 10, 2022

People v. Buckner.

2022 COA 14. No. 17CA1079.  Kidnapping—Sexual Assault—Fourth Amendment—Prosecutorial Misconduct—Rape Shield Statute.

February 3, 2022

Garcia v. People.

2022 CO 6. No. 20SC758. Instructions—Criminal Law—Right to a Jury Trial.

February 7, 2022

Rule Change 2022(03)

 Colorado Rules of Civil Procedure Chapter 30 Colorado Municipal Court Rules of Procedure

January 6, 2022

Rule Change 2022(02)

Colorado Rules of Civil Procedure Chapter 25 Colorado Rules of County Court Civil Procedure Rules: 304, 312, and 404 Forms: 28A and 105

Rule Change 2022(01)

Colorado Rules of Civil Procedure Rules 16, 16.1, 30, and 45 Forms 26, 29, 32, 33, 47, 250, 601, and 603

January 6, 2022

United States v. Bullcoming.

No. 20-6125.  W.D.Okla. Judge McHugh. Felony Murder—Fourth Amendment—Motion to Suppress—Probable Cause in Absence of Excised Information in Affidavit—Motion to Access—Sixth Amendment.

January 6, 2022

Laufer v. Looper.

No. 21-1031.  D.Colo. Judge Matheson. Americans with Disabilities Act—Online Reservation System—Article III Standing—Injury in Fact—Concrete and Particularized Injury.

January 5, 2022

United States v. Cozad.

No. 20-3233.  D.Kan. Judge Seymour. 18 USC § 3553(a)—US Sentencing Guidelines—Sentencing Based on Absence of Plea Deal—Procedural Reasonableness Challenge.

January 3, 2022

Hood v. American Auto Care, LLC.

No. 20-1157. D.Colo. Judge Hartz. Telephone Consumer Protection Act—Personal Jurisdiction—Specific Jurisdiction—Fourteenth Amendment Due Process Clause.

December 28, 2021

United States v. Palms.

No. 20-5072. N.D.Okla. Judge McHugh. Human Trafficking —Fourth Amendment—Warrant Particularity Requirement—Scope of Search—Fifth Amendment Due Process Clause—Sixth Amendment Confrontation Clause—Fed. R. Evid. 412.

December 21, 2021

In re People v. Greer.

2022 CO 5. No. 21SA286.  Right to Court-Appointed Counsel—Indigent Defendant—Indigency Determination—CRS § 21-1-103—CJD 04-04—JDF 208—C.A.R. 21.

January 31, 2022

People in the Interest of E.W.

2022 COA 12. No. 20CA1724.  Termination of the Parent–Child Legal Relationship—Jurisdiction—Home State under the Uniform Child-custody Jurisdiction and Enforcement Act.

January 13, 2022

People v. Rodriguez.

2022 COA 11. No. 19CA0529. Traffic Stop—Evidence—Chain of Custody—Testimony—Authentication—Jury Instructions—Prosecutorial Misconduct.

January 13, 2022

People v. Gamboa-Jimenez.

2022 COA 10. No. 18CA1516. Evidence—Expert Testimony—Drug Courier Profile Testimony—Fourth Amendment—Investigatory Traffic Stop.

January 13, 2022

Pearson v. People.

2022 CO 4. No. 20SC463. Harassment—Self-Defense—Affirmative Defense.

January 10, 2022

People v.  Rau.

2022 CO 3. No.  20SC583. “Force Against Intruders” Statute—“Make My Day” Statute—CRS § 18-1-704.5—Immunity from Criminal Prosecution for Use of Deadly Physical Force—Justification and Exemptions from Criminal Responsibility—Affirmative Defenses—Dwelling—CRS § 18-1-901(3)(g).

January 10, 2022

Pettigrew v. People.

2022 CO 2. No. 20SC353. Jury Instructions—Reasonable Doubt—Constitutional Harmless Error.

January 10, 2022

Tibbels v. People.

2022 CO 1. No. 20SC22. Jury Instructions—Reasonable Doubt.

January 10, 2022

People in the Interest of B.H.

2022 COA 9. No. 21CA1604.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Post-Trial Motion—Tolling.

January 6, 2022

People in the Interest of E.B.

2022 COA 8. No. 21CA0346.  Dependency and Neglect—Termination of Parent–Child Legal Relationship—Continuance for Technical Difficulties.

January 6, 2022

Aurora Urban Renewal Authority v. PK Kaiser.

2022 COA 5. No. 20CA1162.  Municipal Law—Constitutional Standing—Political Subdivision Standing Doctrine—Prudential Standing—Public Improvements—Urban Renewal Law—Tax Increment Financing—Failure to Exhaust Administrative Remedies.

January 6, 2022

Hodge v. Matrix Group, Inc.

2022 COA 4. No. 20CA0746. Civil Litigation—Damages—Lost Profits—Loss of Earning Capacity—S Corporation—Sole Owner—Discovery Sanctions.

January 6, 2022

People v. Johnson.

2022 COA 2. No. 19CA1713.  Ineffective Assistance of Counsel—Sixth Amendment—Right to Forgo a Defense.

January 6, 2022

People v. Strickler.

2022 COA 1. No. 18CA2334. Deadly Weapon—Arson—Crime of Violence—Sentence Enhancer—Attempted Criminal Mischief—Attempted First Degree Arson—Attempted Extreme Indifference Murder—Lesser Included Offense—Merger.

January 6, 2022

Hall v. Allstate Fire and Casualty Insurance Co.

No. 21-1040.  D.Colo. Judge Kelly. Underinsured Motorist Claim—Bad-Faith Claim—Summary Judgment—Failure to Cooperate Affirmative Defense—Material and Substantive Disadvantage Requirement.

December 17, 2021

United States v. Fernandez.

No. 20-2106.  D.N.M. Judge Hartz. Sufficiency of the Evidence—Fourth Amendment Search and Seizure—Waiver of Argument—Abandonment of Property—Agency—Due Process.

December 17, 2021

United States v. Benally.

No. 20-2157. D.N.M. Judge Briscoe. Involuntary Manslaughter in Indian Country—Mandatory Victim’s Restitution Act—Victim and Witness Protection Act—Plain Error Review.

December 13, 2021

Kerr v. Polis.

No. 17-1192. D.Colo. Judge Tymkovich. Colorado Taxpayer Bill of Rights—US Constitution’s Guarantee Clause—Colorado Enabling Act—Fed. R. Civ. P. 12(b)(1)—Fed. R. Civ. P. 12(b)(6).

December 13, 2021

United States v. Muhtorov.

No. 18-1366. D.Colo. Judge Matheson. Federal Intelligence Surveillance Act—§ 702 Warrantless Surveillance—Fourth Amendment—Separation of Powers—Discovery and Disclosure Requirements with Classified Information—Sixth Amendment Right to Speedy Trial.

December 8, 2021

Reznik v. inContact, Inc.

No. 21-4007. D.Utah. Judge Kelly. Title VII Retaliation—Motion to Dismiss for Failure to State a Claim—Subjective Good Faith Belief—Objectively Reasonable Belief—Test for Objective Reasonableness.

December 1, 2021

Rule Change 2021(25)

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

December 16, 2021

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

December 8, 2021

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