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From the Courts

Colorado Court Case Summaries

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Dixon v. State of Oklahoma.

No. 24-7016. 1/14/2025. E.D.Okla. Judge Matheson. Title VII Sex and Race Discrimination—Title VII Retaliation—Family and Medical Leave Act Retaliation—Prima Facie Case—Pretext—Economic Reality Test.

January 14, 2025

United States v. Ruiz, Jr.

No. 23-3172. 1/14/2025. D.Kan. Judge Rossman. US Sentencing Guidelines—Upward Departure—Plea Agreement on Sentencing.

January 14, 2025

Brown v. City of Tulsa.

No. 23-5133. 1/7/2025. N.D.Okla. Judge Federico. Government Employer—Social Media Policy—Employee Termination—First Amendment—Fourteenth Amendment—“Class of One” Claim—Fed. R. Civ. P. 12(b)(6).

January 7, 2025

Good Life Colorado, LLC v. WLCO, LLC.

2025 COA 8. No. 24CA0453. Attorneys and Clients—Colo. RPC 3.7(a)—Lawyer as Witness—Disqualification—Substantial Hardship Exception.

January 23, 2025

Bullock v. Brooks.

2025 COA 6. No. 24CA0077. Civil Action for Deprivation of Rights—Peace Officers—Arrest—Probable Cause—Searches and Seizures—Warrantless Search Incident to Arrest—Municipal Ordinance—Constitutionality.

January 16, 2025

Hogue v. Hogue.

2025 COA 5. No. 23CA1837. Limited Liability Partnerships—Colorado Uniform Limited Partnership Act of 1981—Judicial Dissolution.

January 16, 2025

Jogan Health, LLC v. Scripps Media, Inc.

2025 COA 4. No. 23CA1713. Defamation—Anti-SLAPP Special Motion to Dismiss—Reasonable Likelihood Plaintiff Will Prevail—Ancillary Claims.

January 16, 2025

Galiant Homes, LLC v. Herlik.

2025 COA 3. No. 23CA1649. Creditors and Debtors—Breach of Contract—Unjust Enrichment—Mechanic’s Liens—Lien Statement—New or Amended Statements.

January 16, 2025

Coomer v. Salem Media of Colorado, Inc.

2025 COA 2. No. 23CA1235. Anti-SLAPP Special Motion to Dismiss—Defamation—Civil Conspiracy—Intentional Infliction of Emotional Distress—Respondeat Superior.

January 16, 2025

People v. Lockett.

2025 COA 1. No. 23CA0914. Sentencing—Restitution—Non-felony Conviction Under Title 42—Loss Uncompensated by Insurance Policy, Self-Insurance, Indemnity Agreement, or Risk Management Fund.

January 16, 2025

Rule Change 2025(02)

The Colorado Appellate Rules: Rules 3.1, 3.4, 8.1, 9, 25, 27, 30, 39.1, 52, 53

January 9, 2025

Rule Change 2025(01)

Colorado Rules of Civil Procedure, Chapter 25 Colorado Rules of County Court Civil Procedure: Rules 304

January 9, 2025

United States v. Ness.

No. 23-7051. 12/31/2024. D.Okla. Judge Phillips. Jury Instructions—Pattern Instruction for “On or About”—Temporal Limit—Effect on Substantial Rights.

December 31, 2024

United States v. Harjo.

No. 23-7022. 12/17/2024. E.D.Okla. Judge Tymkovich. Aggravated Sexual Abuse in Indian Country—Major Crimes Act—Constitutionality—Fed. R. Evid. 414—Fed. R. Evid. 403.

December 17, 2025

United States v. Pinder.

No. 23-4154. 11/26/2024. D.Utah. Judge Rossman. Search Incident to Arrest—Fourth Amendment—Relevance to Crime of Arrest—Motion to Suppress.

November 26, 2024

Gazette v. Bourgerie.

2024 CO 78. No. 23SC420. Open Records—Compliance With Disclosure Requests—Public Records Access—Statutory Interpretation.

December 23, 2024

Fear v. GEICO Casualty Co.

2024 CO 77. No. 23SC333. Insurance—Non-economic Damages—Underinsured Motorist Coverage.

December 23, 2024

People in the Interest of D.N.W.

2024 COA 129. No. 24CA1584. Involuntary Administration of Medication—Backup Medication—Sufficiency of Evidence.

December 26, 2024

Al-Hamim v. Star Hearthstone, LLC.

2024 COA 128. No. 24CA0190. Landlords and Tenants—Warranty of Habitability—Implied Covenant of Quiet Enjoyment—Artificial Intelligence—Generative AI Tools—Hallucinations—Appellate Briefs—Citation to Authorities—Sanctions for Noncompliance.

December 26, 2024

Rule Change 2024(21)

Colorado Rules of Civil Procedure, Chapter 25 Colorado Rules of County Court Civil Procedure: Rules 304 And 311

December 19, 2024

Rule Change 2024(20)

Colorado Rules of Civil Procedure: Rules 4, 11, And 121 §1-1

December 19, 2024

Rule Change 2024(19)

Colorado Licensed Legal Paraprofessional Rules of Professional Conduct: Rules 1.15B, 5.4, and 8.4

December 12, 2024

People v. Prendergast.

2024 COA 127. No. 23CA1917. Sealing of Criminal Conviction and Criminal Justice Records—Records Ineligible for Sealing—Sentencing for Class 1, 2, or 3 Felony or Level 1 Drug Felony Pursuant to Title 18.

December 19, 2024

Ward v. People.

2024 CO 76. No. 23SC328. Cruel and Unusual Punishment—Proportionality—Proportionality Review—Habitual Offenders and Career Criminals—Retroactive or Prospective Operation—Post-Conviction Relief—Sentence and Punishment—Reconsideration and Modification of Sentence—Time for Motion or Application—Time for Proceedings.

December 16, 2024

McDonald v. People.

2024 CO 75. No. 23SC381. Cruel and Unusual Punishment—Proportionality—Proportionality Review—Habitual Offenders and Career Criminals—Retroactive or Prospective Operation—Post-Conviction Relief—Sentence and Punishment.

December 16, 2024

Frisco Lot 3 LLC v. Giberson Limited Partnership, LLLP.

2024 COA 125. No. 22CA2219. Common Interest Communities—Common Interest Ownership Act—Homeowners Association—Planned Unit Development Designation—Colorado Rules of Appellate Procedure—Briefs in Cases Involving Multiple Appellants and Appellees.

December 12, 2024

People v. Werner.

No. 24PDJ062. 11/20/2024. Stipulation to Discipline

December 10, 2024

People v. Weber.

No. 24PDJ087. 11/15/2024. Stipulation to Discipline.

December 10, 2025

People v. Skinner.

No. 23PDJ074 (consolidated with 24PDJ058). 11/19/2024. Stipulation to Discipline.

December 10, 2024

People v. Johnson.

No. 24PDJ031 (consolidated with 24PDJ045). 11/19/2024. Stipulation to Discipline.

December 10, 2024

People v. Fox.

No. 24PDJ070. 11/5/2024. Stipulation to Discipline.

December 10, 2024

People v. Abrams.

No. 23PDJ063 (consolidated with 24PDJ041). 11/14/2024. Stipulation to Discipline.

December 10, 2024

Archuleta v. Roane.

2024 CO 74. No. 23SC70. Government—Public Records—Colorado Open Records Act—Public Records Open to Inspection—Production and Exemption From Production of Records—Civil Procedure—Colorado Rules of Civil Procedure—Disclosure and Discovery.

December 9, 2024

People v. Barnett.

2024 CO 73. No. 24SA168. Fourth Amendment—Investigatory Stops—Searches and Seizures.

December 9, 2024

Matter of Woods.

2024 CO 72. No. 23SA323. Judicial Discipline—Retaliation—Intoxication.

December 9, 2024

United States v. Martinez.

Nos. 23-2193, 24-2002, and No. 24-2004. Miranda Advisement—Polygraph Test—Post-Polygraph Interview—Motion to Suppress Statements—Motion in Limine—Non-Hearsay Purpose.

November 19, 2024

Hafen v. Howell.

No. 23-4116. 11/15/2024. D.Utah. Judge Phillips. Ponzi Scheme—Utah Uniform Voidable Transactions Act—Ponzi Presumption—Recovery of Profits—Prejudgment Interest—Liability for Judgment—Sufficiency of Evidence.

November 15, 2024

Rocky Mountain Gun Owners v. Polis.

No. 23-1251. 11/5/2024. D.Colo. Judge Federico. Second Amendment—SB 23-169—Preliminary Injunction—Standing—Mootness—Business Record.

November 5, 2024

United States v. Tony.

No. 23-2110. 10/29/2024. D.N.M. Judge McHugh. US Sentencing Commission’s Guidelines Manual—US Sentencing Guidelines—Offense Level Calculation—Ambiguity—Rule of Lenity.

October 29, 2024

We the Patriots, Inc. v. Grisham.

Nos. 23-2166, 23-2167, and 23-2185. 10/28/2024. D.N.M. Judge Kelly. Executive Order—Preliminary Injunction—Second Amendment—Fourteenth Amendment—Appellate Jurisdiction—Mootness—Standing.

October 28, 2024

Migoya v. Wheeler.

2024 COA 124. No. 23CA0995. Colorado Open Records Act—Personnel File Exception—Licensed Personnel Performance Evaluation Act—Disclosure of School District Personnel Records.

November 27, 2024

LTCPRO v. Johnson.

2024 COA 123. No. 24CA0321. Contracts—Effect of Integrated Agreement on Prior Agreements—Noncompetition Agreement—Merger Clause—Parol Evidence Rule—Preliminary Injunction.

November 21, 2024

Maldonado v. GeneDx, Inc.

2024 COA 121. No. 23CA2092. Health Care Availability Act—Limitation of Actions—Genetic Testing and Counseling—Genetic Disease or Disorder—Negligent Misrepresentation—Ordinary Standard of Care.

November 21, 2024

Harrington v. Neutron Holdings, Inc

2024 COA 120. No. 23CA1663. Negligence—Duty of Care—Nonfeasance versus Misfeasance—Special Relationship Between Parties—Electric Scooters.

November 14, 2024

People v. Feldman.

2024 COA 119. No. 22CA0792. Government Officers—Coroner—Cause and Manner of Death—Constitutional Law—Separation of Powers—Subdelegation Doctrine—Expert Testimony—Lay Testimony—CRE 404(a).

November 7, 2024

Parker Water v. Rein.

2024 CO 71. No. 23SA141. Water Law—Nontributary Groundwater—Well Permits—Groundwater Management—Rights in Owner of Overlying Lands—Statutes, Regulations, and Rules—Statutory Interpretation.

November 4, 2024

People v. Segura.

2024 CO 70. No. 22SC816. Crim. P. 35—Postconviction Remedies—Ineffective Assistance of Trial Counsel—Procedures for Filing and Resolving Crim. P. 35(c) Motions—Crim. P. 35(c)(3)(IV)–(V)—Statutory Right to Postconviction Counsel—Silva v. People—CRS § 21-1-104.

November 4, 2024

People v. Weiner.

No. 24PDJ013. 9/30/2024. Stipulation to Discipline.

November 5, 2024

People v. Wasley.

No. 24PDJ069. 9/26/2024. Stipulation to Discipline.

November 5, 2024

People v. Warren.

No. 24PDJ077. 9/25/2024. Stipulation to Discipline.

November 5, 2024

Sweeney v. People.

No. 24PDJ066. 10/3/2024. Stipulation to Reinstatement.

November 5, 2024

People v. Stanley.

No. 23PDJ041.  9/10/2024. Amended Opinion Imposing Sanctions.

November 5, 2024

People v. Long.

No. 24PDJ076. 9/25/2024. Reciprocal Discipline.

November 5, 2024

Levy v. People.

No. 24PDJ029. 10/17/2024. Stipulation to Reinstatement.

November 5, 2024

People v. Heath.

No. 24PDJ078. 9/27/2024. Reciprocal Discipline.

November 5, 2024

People v. Muscato.

No. 24PDJ047. Opinion Approving Stipulation to Discipline. 7/30/2024.

November 1, 2024

People v. Grewe.

No. 24PDJ044. Stipulation to Discipline. 8/29/2024.

November 1, 2024

People v. Tice.

No. 24PDJ060. Stipulation to Discipline. 8/6/2024.

November 1, 2024

People v. Magee.

No. 24PDJ063. Reciprocal Discipline. 8/8/2024.

November 1, 2024

People v. Khilji.

No. 24PDJ053. Stipulation to Discipline. 8/22/2024.

November 1, 2024

People v. Dean.

No. 24PDJ067. Reciprocal Discipline. 8/22/2024.

November 1, 2024

People v. Bauer.

No. 24PDJ072. Reciprocal Discipline. 9/12/2024.

November 1, 2024

United States v. Crosby.

Nos. 23-2155 & 23-2156. 10/23/2024. D.N.M. Judge McHugh. US Sentencing Guidelines—18 USC § 3553 Factors—Substantive Reasonableness of Sentence.

October 23, 2024

Estate of Hurtado v. Smith.

No. 23-1354. 10/22/2024. D.Colo. Judge Kelly. Eighth Amendment—Deliberate Indifference to Serious Medical Needs—Inference of Conscious Disregard—Summary Judgment.

October 22, 2024

United States v. Little.

No. 23-5077. 10/11/2024. N.D.Okla. Judge Ebel. Indian Country—State Jurisdiction to Investigate—Fourth Amendment—Fifth Amendment—Eighth Amendment—Probable Cause—Sufficiency of Evidence—Jury Instructions—Government’s Statements During Closing Argument.

October 11, 2024

United States v. Harper.

No. 23-5091. 10/3/2024. N.D.Okla. Judge Federico. Federal Jurisdiction—Crime in Indian Country—Definition of Indian Under Federal Law—Documentary Evidence—Authentication—Business Record.

October 3, 2024

MVT Services, LLC v. Great West Casualty Co.

No. 23-2070. 10/2/2024. D.N.M. Judge Carson. Workers’ Compensation and Employers’ Liability Policy—Policy Limits—Exclusive Remedy of Worker’s Compensation Benefits—Breach of Insurance Contract—Damages—Attorney Fees.

October 2, 2024

Free Speech Coalition, Inc. v. Anderson.

No. 23-4104. 10/1/2024. D.Utah. Judge Moritz. Eleventh Amendment Immunity—Ex Parte Young Exception—Connection With Challenged Statute’s Enforcement—First Amendment—Fourteenth Amendment.

October 1, 2024

People v. Abdul-Rahman.

2024 COA 118. No. 23CA0486. Parole Revocation Proceedings—State Board of Parole—Appeals to Board’s Appellate Body—Judicial Review.

October 31, 2024

J.B. v. MKBS, LLC.

2024 COA 117. No. 23CA1415. Default—Codefendants—Entry of Clerk’s Default—Default Judgment—Relief from Judgment or Order—Excusable Neglect—Testimony of Non-Defaulting Codefendant.

October 24, 2024

In re Mercy Housing Management Group Inc. v. Bermudez.

2024 CO 68. No. 24SA163. Forcible Entry and Detainer—Jury Trials—Ejectment—CRS § 13-40-115—CRCP 338(a)—Pernell v. Southall Realty—Baumgartner v. Schey—Husar v. Larimer Cnty. Ct.—C.A.R. 21.

October 21, 2024

Rios de Martinez v. Landaverde.

2024 COA 115. No. 24CA0192. Dissolution of Marriage—Real Property—Colorado Uniform Fraudulent Transfer Act—Civil Conspiracy—Spouse as Creditor.

October 17, 2024

McLellan v. Weiss.

2024 COA 114. No. 23CA1813. Award of Actual Costs and Fees After Offer of Settlement—Subsequent Statutory Offers.

October 17, 2024

In re Marriage of Nevedrova.

2024 COA 112. No. 23CA1278. Dissolution of Marriage—Property Disposition—Marital Property—Colorado Uniform Transfers to Minors Act.

October 10, 2024

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