From the Courts
Colorado Court Case Summaries
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
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 14, 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 12, 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 8, 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 29, 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 29, 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 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
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
In re Marriage of Flanders.
2022 COA 18. No. 21CA0356. Child Support Modification—Dependency and Neglect—Psychological Parent.
February 10, 2022
Garcia v. Puerto Vallarta Sports Bar, LLC.
2022 COA 17. No. 20CA1178. Clerical Errors—Default Judgment—Relief from Judgment.
February 10, 2022
Capital One, N.A. v. Department of Revenue.
2022 COA 16. No. 20CA0818. Sales and Use Tax—Taxpayer—“Act as a Unit.”
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(04)
Colorado Code of Judicial Conduct Rule 4.1, Comment 6
January 21, 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
Goodwill Industries of Central Oklahoma, Inc. v. Philadelphia Indemnity Insurance Co.
No. 21-6045. W.D.Okla. Judge Matheson. Commercial Lines Insurance Policy—Loss of Business Income Due to COVID-19—Scope of Policy Coverage—Virus Exclusion.
December 21, 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
Salazar v. Industrial Claim Appeals Office.
2022 COA 13. No. 21CA0438. Workers’ Compensation—Quasi-Course of Employment Doctrine—Compensable Injury.
January 20, 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
McLellan v. Colorado Department of Human Services.
2022 COA 7. No. 20CA1217. Social Security—Supplemental Security Income Benefits—Aid to the Needy Disabled—Assistance Reimbursement—First Benefit Payment.
January 6, 2022
No Laporte Gravel Corp. v. Board of County Commissioners.
2022 COA 6. No. 20CA1207. Campaign Contributions—Due Process Clause—Recusal—Quasi-Judicial Proceedings.
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
In re Parental Responsibilities Concerning A.C.B.
2022 COA 3. No. 19CA2029. Child Support Services—Remedial Contempt—Sanctions—Jail—Fourteenth Amendment—Due Process—Indigency—Right to Court-Appointed Counsel.
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
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