People v. Farmer.

No. 23PDJ068. 6/6/2024. Reciprocal Discipline.

People v. Ellis.

No. 24PDJ002. 5/28/2024. Stipulation to Discipline.

People v. Chadwick.

No. 23PDJ072. 6/7/2024. Stipulation to Discipline.

People v. Cantrell.

No. 24PDJ046. 5/29/2024. Stipulation to Discipline.

People v. Calandra.

No. 24PDJ051. 6/24/2024. Stipulation to Discipline.

People v. Adams.

No. 23PDJ066. 5/24/2024. Stipulation to Discipline.

People in Interest of C.M.

2024 COA 90. No. 23CA1761. Dependency and Neglect—Environment Injurious to Child’s Welfare—Summary Judgment—Motion for Disqualification.

Grand Junction Peace Officers’ Ass’n v. City of Grand Junction.

2024 COA 89. No. 23CA1704. Class Action Certification—Actions Against Public Employees—Colorado Governmental Immunity Act—Sovereign Immunity—Attorney Fees and Costs.

People in Interest of B.C.B.

2024 COA 88. No. 23CA1316. Dependency and Neglect—Child Born Affected by Alcohol or Substance Exposure—Adverse Effects of Exposure.

Trudgian v. LM General Insurance Co.

2024 COA 87. No. 23CA1141. Motor Vehicle Insurance Policies—Total Loss Coverage—Remedies—Implied Private Right of Action—Declaratory Judgment.

In re Marriage of Gallo.

2024 COA 86. No. 23CA0873. Past Due Child Support—Affirmative Defenses—Promissory Estoppel.

HMLL LLC v. MJM Holdings Ltd.

2024 COA 85. No. 22CA0822. Marijuana Enforcement Division—Retail Marijuana Rules—Contracts—Equitable Relief—Unclean Hands Doctrine—Unenforceable as Against Public Policy.

People v. Cuevas.

2024 COA 84. No. 21CA1256. Murder in the First Degree—Sixth Amendment—Right to Decide the Objective of the Defense—Sufficiency of Evidence—Jury Instructions.

Jacobs Investments, LLC v. Fort Collins-Loveland Water District.

2024 COA 83. No. 23CA1477. Industrial and Commercial Safety—Excavation Requirements—Documentation and Markings—Negligence—Colorado Governmental Immunity Act—Immunity and Partial Waiver—Operation and Maintenance of a Water Facility.

HCPI/CO Springs Ltd. Partnership v. El Paso County Board of Commissioners.

2024 COA 82. No. 23CA1226. Property Tax—Residential Property—Residential Improvements—Rehabilitation Hospitals.

In re Marriage of Matheny.

2024 COA 81. No. 23CA0937. Colorado Rules for Magistrates—Review of District Court Magistrate Orders or Judgments—Final Appealable Order.

City of Westminster v. R. Dean Hawn Interests.

2024 COA 80. No. 23CA0351. Eminent Domain—Condemnation—Fair Market Value—Comparable Sales—Executory Contracts for the Purchase and Sale of Land.

No on EE—A Bad Deal for Colorado, Issue Committee v. Beall.

2024 COA 79. No. 22CA2245. First Amendment Freedom of Speech—Fair Campaign Practices Act—Disclaimer Statement—Registered Agent Disclosure—Strict Scrutiny—Substantial Relation Test.

Ralph L. Wadsworth Construction Co. v. Regional Rail Partners.

2024 COA 78. No. 22CA2154. Breach of Contract—Public Works—Contractor’s Bonds and Lien on Funds—Verified Statement of Claim—Excessive Amounts Claimed.

People v. Plotner.

2024 COA 77. No. 21CA1450. Assault in the Second Degree While Lawfully Confined or in Custody—Sentencing—Multiple Consecutive Sentences.

Estrada v. Smart.

No. 23-1189. 7/16/2024. D.Colo. Judge Federico. Prison Litigation Reform Act—Exhaustion of Administrative Remedies—Colorado Department of Corrections Regulations—Summary Judgment.

United States v. Lesh.

No. 23-1074. 7/16/2024. D.Colo. Judge Tymkovich. US Sentencing Guidelines—Colorado Felony Menacing—Crime of Violence.

United States v. Tao.

No. 23-3013. 7/11/2024. D.Kan. Judge Moritz. False Statement Under 18 USC § 1001(a)(2)—Materiality of Statement—University Research Funded by Federal Government—Sufficiency of Evidence.

Whitson v. Board of County Commissioners.

No. 23-1084. 7/5/2024. D.Colo. Judge Ebel. Claims Against an Official in Their Official Capacity—Municipal Liability—Final Policy-Making Authority.

United States v. Williams.

No. 23-3170. 7/2/2024. D.Kan. Judge Hartz. Revocation of Supervised Release—Confidential Informant—Controlled Buy—Fed. R. Crim. P. 32.1(b)(2)(C)—Sufficiency of Evidence—Burden of Persuasion.

XMission, L.C. v. PureHealth Research.

No. 23-4001. 6/28/2024. D.Utah. Judge Rossman. 8 USC § 1326—Fifth Amendment—Equal Protection—Discriminatory Purpose or Intent—Racially Disparate Impact.

City of Golden v. United States.

2024 CO 43M. No. 23SA317. Water Law—Blue River Decree—Injury—Colorado-Big Thompson Project—Interpretation of Prior Decree—Subordination Agreement—Power Interference Agreement—Newly Discovered Evidence.

Quarky, LLC v. Gabrick.

2024 COA 76. No. 23CA2005. Common Interest Communities—Recorded Declarations—Right of First Refusal—Third-Party Offer.

People v. Spencer.

2024 COA 75. No. 23CA0809. Alcohol Traffic Offenses—Expressed Consent for the Taking of Blood, Breath, Urine, or Saliva—Extraordinary Circumstances.

Craig Hospital v. Blue Cross Blue Shield of Kansas.

2024 COA 74. No. 23CA1827. Health Insurance—Nonresident Insurer—Personal Jurisdiction—Long-Arm Statute—Activities Directed at Forum State—Minimum Contacts.

People v. Hupke.

2024 COA 73. No. 23CA0106. Attempt to Influence a Public Servant—By Means of Deceit—Sufficiency of Evidence.

People v. Vigil.

2024 COA 72. No. 21CA0267. Evidence—Authentication—Bases of Opinion Testimony by Experts—Hearsay—Cumulative Errors.

Wolf v. Brenneman.

2024 COA 71. No. 21CA0111. Grand Juries—Witnesses—Absolute Immunity—CRCP 54—Appellate Jurisdiction.

In re Marriage of McClure.

2024 COA 70. No. 23CA1338. Post-dissolution Proceedings—Modification of Spousal Maintenance—Gross Income—Social Security Benefits—Anti-assignment Provision.

Telluride Locals Coalition Petitioners’ Committee v. Kavannaugh.

2024 COA 69. No. 23CA1035. Zoning—Planned Unit Development Act of 1972—Initiative and Referendum—Administrative Versus Legislative Nature of Initiative.

Nash v. Mikesell.

2024 COA 68. No. 23CA0589. Immigration—Delegation of Immigration Authority—287(g) Agreement—State Enforcement of Civil Immigration Law—Civil Immigration Detainers—Injunctive Relief.

People v. Martinez Rubier.

2024 COA 67. No. 23CA0450. Sentencing—Restitution—Procedural Deadlines—Extension of Time—Waiver of Right to Attend Restitution Hearing.

Rule Change 2024(12)

Colorado Rules of Civil Procedure: Rule 84

Castro v. People.

2024 CO 56. No. 22SC712. Mid-Deliberations Juror Substitution—Alternate Juror—Standard of Reversal—Presumption of Prejudice—CRS § 16-10-105.

Clark v. People.

2024 CO 55. Impartial Jury—Equal Protection—Challenge for Cause—Structural Error—Extraneous Prejudicial Information—Juror Testimony.

Fowler v. Stitt.

No. 23-5080. 6/18/2024. N.D.Okla. Judge McHugh. Fourteenth Amendment—Equal Protection—Substantive Due Process—Right to Privacy—State Action—Amended Birth Certificates—Discrimination on the Basis of Transgender Status and Sex.

Breeze Aviation Group., Inc. v. National Mediation Board.

No. 23-4079. 6/17/2024. D.Utah. Judge Hartz. Railway Labor Act—National Mediation Board—Subject Matter Jurisdiction—Union Representation Elections—Determination of Class of Employees.

United States v. Venjohn.

No. 23-8028. 6/12/2024. D.Wyo. Judge Seymour. US Sentencing Guidelines—Colorado Felony Menacing—Crime of Violence—United States v. Taylor.

United States v. Dear.

No. 22-2142. 6/10/2024. D.Colo. Judge Carson. Competency to Stand Trial—Motion to Involuntarily Medicate Defendant—Sell v. United States—Specificity of Findings—Clear and Convincing Evidence.

Leachco, Inc. v. Consumer Product Safety Commission.

No. 22-7060. 6/4/2024. E.D.Okla. Judge Ebel. Administrative Complaint—Preliminary Injunction—Irreparable Harm—Unconstitutionally Structured Agency.

United States v. Amador-Bonilla.

Nos. 22-6036 & 22-6037. 5/29/2024. W.D.Okla. Judge Eid. 8 USC § 1326—Fifth Amendment—Equal Protection—Discriminatory Purpose or Intent—Racially Disparate Impact.

People v. Miller.

2024 COA 66. No. 21CA1584. Stalking—Contacts—Unanswered Telephone Calls—First Degree Burglary—First Degree Criminal Trespass—Lesser Included Offenses—Merger of Convictions—Prosecutorial Misconduct—Sufficiency of Evidence—Crime of Violence Sentence Enhancement.

Salah v. People.

2024 CO 54. No. 23SC4. Right to Familial Association—Sex Offender Intensive Supervision Probation—Due Process Clause.

In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2023–2024 #188.

2024 CO 53. No. 24SA120. CRS § 1-40-107(2)—Statutory Jurisdiction—Ballot Title Board.

In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2023–2024 #175.

2024 CO 52. No. 24SA117. CRS § 1-40-107(2)—Statutory Jurisdiction—Ballot Title Board.

People v. Dacus.

2024 CO 51. No. 24SA2. Citizen Informant—Reasonable Suspicion—Investigatory Stop.

People v. Lopez.

2024 CO 50. No. 22SC759. Right to Counsel—Conflict of Interest.

People v. Cerda.

2024 CO 49. No. 24SA23. Miranda Protections—Coercion—Involuntary Statements—Suppression—Fifth Amendment—Right to Remain Silent.

Martinez v. People.

2024 CO 48. No. 22SC835. Criminal Law—Jury Instructions—Self-Defense—Traverse—Reckless Conduct.

Freed v. Bonfire Entertainment LLC.

2024 COA 65. No. 23CA0965. Public Health and Environment—Noise Abatement Act—Maximum Permissible Noise Levels—Municipal Noise Ordinance—Subject Matter Jurisdiction—CRCP 106.

People v. Johnson.

2024 CO 47. No. 23SA293. Scope of an Investigatory Stop—Searches and Seizures—Drug-Detection Dogs.

City of Aspen v. Burlingame Ranch.

2024 CO 46. No. 22SC293. Colorado Governmental Immunity Act—Scope of Immunity—Economic Loss Rule—Subject Matter Jurisdiction.

Dhyne v. People.

2024 CO 45. No. 22SC869. Fourth Amendment—Search Warrants—IP Addresses.

In re Marriage of Conners.

2024 CO 44. No. 23SA332. Civil Procedure—Contempt—Indirect Contempt—Service of Process—Direct Service.

City of Golden v. United States.

2024 CO 43. No. 23SA317. Water Law—Blue River Decree—Injury—Colorado-Big Thompson Project—Interpretation of Prior Decree—Subordination Agreement—Power Interference Agreement—Newly Discovered Evidence.

People v. Howell.

2024 CO 42. No. 23SA227. Criminal Law—Force-Against-Intruders Statute—Immunity From Criminal Prosecution—Affirmative Defenses—Dwelling.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

People v. Westman.

No. 23PDJ016. 4/19/2024. Opinion Opposing Sanctions.

People v. Vanstrom.

No. 24PDJ032. 5/7/2024. Stipulation to Discipline.

People v. Vail.

No. 23PDJ069. 5/10/2024. Opinion Opposing Sanctions.

People v. Kay.

No. 24PDJ042. 5/20/2024. Stipulation to Discipline.

People v. Carrara.

No. 24PDJ037. 5/10/2024. Stipulation to Discipline.

Wright v. Tegna Inc.

2024 COA 64. No. 23CA0436. Negligent Infliction of Emotional Distress—Vicarious Liability—Civil Conspiracy—Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—Reasonable Likelihood Plaintiff Will Prevail.

Notice of Public Hearing on September 24, 2024 at 3:30 p.m

Colorado Rules for Magistrates

Deadline to request to speak at Public Hearing: September 13, 2024

People v. Garcia.

2024 CO 41. No. 22SC633. Criminal Law—Waiver—Disqualification of a Judge.

People v. Crabtree.

2024 CO 40. No. 22SC589. Linnebur Error—Plain Error Review—Plainness Prong—Time of Trial Versus Time of Appeal.

In the Matter of the Estate of Ashworth.

2024 CO 39. No. 24SA19. Trusts and Estates—Testamentary Capacity—Physician-Patient Privilege.

In re Jordan v. Terumo BCT.

2024 CO 38. No. 24SA34. Privileged Communications and Confidentiality.

In re Estate of Gonzalez.

2024 COA 63. No. 23CA1058. Probate—Compensation and Cost Recovery—Fee Disputes—Factors in Determining the Reasonableness of Compensation and Costs.

Tarr v. People.

2024 CO 37. No. 22SC226. Expressed Consent Statute—Revoking Consent—Fourth Amendment.

People v. Austin.

2024 CO 36. No. 23SC75. Jury Selection—Peremptory Challenge—Batson—Clear Error—Examination of Jurors—Particular Groups, Inclusion or Exclusion—Race.

People v. Johnson.

2024 CO 35. No. 22SC852. Jury Selection—Peremptory Challenge—Batson—Clear Error—Examination of Jurors—Particular Groups, Inclusion or Exclusion—Race.

People v. Honstein.

2024 CO 34. No. 23SA271. Prosecutor Testimony—Prosecutor Disqualification—Advocate-Witness Rule.

Rule Change 2024(11)

The Colorado Appellate Rules: Rules 2, 3.3, 3.4, 4.1, 5, 12, 21, 29, 32, 40, 41, and JDF 1996

Rule Change 2024(10)

Colorado Rules of Juvenile Procedure: Rule 4.6

Foothills Park and Recreation District v. Board of County Commissioners.

2024 COA 62. No. 23CA0686. Special Districts—Overlapping Service Area—CRS § 32-1-107—Declaratory Relief—Injunctive Relief.

VOA Sunset Housing LP v. D’Angelo.

2024 COA 61. No. 23CA0458. Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—County Courts—Forcible Entry and Detainer Action—Court of Appeals Jurisdiction.

People v. Warren.

2024 COA 60. No. 22CA1997. Colorado Sex Offender Registration Act—Lifetime Mandatory Sex Offender Registration—Petition for Removal From Registry—Severe Physical or Intellectual Disability.

Sanders v. People.

2024 CO 33. No. 22SC413. Actual Bias—Right to a Fair Trial.

People v. Johnson.

2024 CO 32. No. 23SC51. Enticement of a Child—Attempt to Invite or Persuade a Child—Attempt as Completed Offense—Sufficiency of the Evidence.

Roane v. Elizabeth School District.

2024 COA 59. No. 23CA1969. Colorado Open Meetings Law—Standing—Injury in Fact—Legally Protected Interest.

Potts v. Gaia Children, LLC.

2024 COA 58. No. 23CA1008. Employment Law—Wrongful Discharge Contrary to Public Policy—Actual Discharge—Constructive Discharge.

Riggs Oil & Gas Corp. v. Jonah Energy LLC.

2024 COA 57. No. 23CA0449. Colorado Rules of Appellate Procedure—Appeals in Civil Cases—Extension of Time to File a Notice of Appeal—Excusable Neglect—Prejudice to Parties.

Bullington v. Barela.

2024 COA 56. No. 23CA0364. Personal Injury—Civil Jury Instructions—Affirmative Defenses—Failure to Mitigate Damages.

United States v. Elmore.

No. 22-1432. 5/21/2024. D.Colo. Judge Moritz. Seizure of Premises—Fourth Amendment—Search Warrant—Exclusionary Rule.

Flores v. Henderson.

No. 23-1049. 5/14/2024. D.Colo. Judge Tymkovich. Fourth Amendment—Denial of Qualified Immunity—Interlocutory Jurisdiction—Summary Judgment—Reckless Creation of Need to Use Deadly Force—Unreasonable Failure to Intervene to Prevent Violation of Constitutional Right.

United States v. Daniels.

No. 22-1378. 5/8/2024. D.Colo. Judge Seymour. Fourth Amendment—Fruit of an Unlawful Investigative Detention—Reasonable Suspicion—Felon in Possession of a Firearm.

United States v. Smith.

No. 22-2142. 5/7/2024. D.N.M. Judge Carson. Indian Country—Federal Criminal Jurisdiction—Indian Pueblo Land Act Amendments of 2005—Second Degree Murder—Sentence Reduction for Accepting Responsibility.

Does 1–11 v. Board of Regents of University of Colorado.

Nos. 21-1414 & 22-1027. 5/7/2024. D.Colo. Judge Eid. First Amendment—Fourteenth Amendment—Vaccine Mandate—Religious Belief Exemption—Preliminary Injunction.

Doe v. Rocky Mountain Classical Academy.

No. 22-1369. 4/30/2024. D.Colo. Judge Carson. 42 USC § 1983—Fourteenth Amendment—Equal Protection—Title IX—School Dress Code—Comparable Burdens Test—Intermediate Scrutiny.

Wolf v. Brenneman.

2024 CO 31. No. 22SC682. CRCP 54(b)—No Just Reason for Delay—Allison v. Engel.

Miller v. Crested Butte, LLC.

2024 CO 30. No. 23SA186. Absolution of Statutory Duty by Private Agreement.

ERBOCES v. Colorado Springs School District 11.

2024 CO 29. No. 22SC940. Education—Statutory Interpretation.

Gestner v. Gestner.

2024 COA 55. No. 23CA1498. Court of Appeals Jurisdiction—Default Judgment—Final Appealable Order—Preservation.

Ortiz v. Progressive Direct Insurance Co.

2024 COA 54. No. 23CA0292. Automobile Insurance Policies—Uninsured/Underinsured Motorist C overage—Default Judgment—Liability—Comparative Fault—Jury Instructions.