From the Courts
Colorado Court Case Summaries
Cline v. Clinical Perfusion Systems, Inc.
No. 22-5107. 2/9/2024. N.D.Okla. Judge Ebel. Employment Termination—Disability Discrimination—Age Discrimination—Plausible Allegations.
February 9, 2024
United States v. Morales-Lopez.
No. 22-4074. 2/9/2024. D.Utah. Judge Baldock. 18 USC § 922(g)(3)—Unlawful User of a Controlled Substance—Fifth Amendment Due Process Clause—Facial Challenge—As-Applied Challenge.
February 9, 2024
United States v. Devereaux.
No. 22-1203. 2/6/2024. D.Colo. Judge Ebel. US Sentencing Guidelines—Base Offense Level—Prior Conviction—Categorical Versus Modified Categorical Approach—Crime of Violence.
February 6, 2024
Logsdon v. US Marshal Service.
No. 23-7008. 2/5/2024. E.D.Okla. Judge Hartz. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.
February 5, 2024
City and County of Denver v. Board of County Commissioners of Adams County.
2024 CO 5. No. 22SC250. Breach of Contract Claim—Statute of Limitations—Accrual Date—CRS § 13-80-108(6)—Bennett Bear Creek Farm Water and Sanitation District v. City and County of Denver, 907 P.2d 648, 654 (Colo.App. 1995), aff’d in part and rev’d in part, 928 P.2d 1254 (Colo. 1996).
January 29, 2024
Stone Group Holdings LLC v. Ellison.
2024 COA 10. No. 23CA0004. Remedies—Damages—Prejudgment Interest—Final Appealable Order—Lack of Appellate Jurisdiction.
January 25, 2024
People v. Roper.
2024 COA 9. No. 21CA0309. Sixth Amendment Right to Public Trial—Partial Courtroom Closure—Waller Test—Findings—Structural Error.
January 25, 2024
Federal Trade Commission v. Elite IT Partners, Inc.
No. 23-4009. 1/23/2024. D.Utah. Judge Bacharach. Stipulated Judgment—Case Law Change—Vacatur—Fed. R. Civ. P. 60(b)(6).
January 23, 2024
United States v. Dawson.
No. 22-8064. 1/22/2024. D.Wyo. Judge Baldock. Fourth Amendment—Plain View—Summary Judgment—Collateral Order Doctrine.
January 22, 2024
Harvest Group, LLC v. Love’s Travel Stops & Country Stores, Inc.
No. 22-6170. 1/17/2024. W.D.Okla. Judge Hartz. Economic Development Incentives—Agreement to Procure Incentives—Fee for Procuring Incentives—Breach of Contract—Summary Judgment.
January 17, 2024
Stone v. High Mountain Mining Co.
No. 22-1340. 1/3/2024. D.Colo. Judge Tymkovich. Clean Water Act—Gold Mining—State Regulatory Scheme—County of Maui v. Hawaii Factors.
January 3, 2024
United States v. Guinn.
No. 22-5072. 12/28/2023. N.D.Okla. Judge Phillips. Aggravated Sexual Abuse by Force and Threat in Indian Country—Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country—US Sentencing Guidelines—Fed. R. Evid. 413—Admissibility of Prior Nonsexual Offenses.
December 28, 2023
United States v. Stepp.
No. 23-2029. 12/26/2023. D.N.M. Judge McHugh. Felon in Possession of a Firearm and Ammunition—Constructive Possession of Firearm or Ammunition—Sufficiency of Evidence—US Sentencing Guidelines—Lookback Period for Prior Crime of Violence.
December 26, 2023
Kaiser v. Aurora Urban Renewal Authority.
2024 CO 4. No. 22SC92. Colorado Urban Renewal Law—Tax Increment Financing—Statutory Interpretation.
January 22, 2024
People v. Smith.
2024 CO 3. No. 22SC562. Post-Conviction Relief—Abandonment.
January 22, 2024
Wolven v. del Rosario Velez.
2024 COA 8. No. 22CA2120. Personal Injury—Admissibility of Healthcare Provider Liens—Applicability of American Medical Association Impairment Ratings—Limiting Instruction.
January 18, 2024
People v. Mitchell.
2024 COA 7. No. 21CA1676. Fourteenth Amendment—Equal Protection—Selective Prosecution—Reverse Transfer to Juvenile Court—Prosecutorial Discretion.
January 18, 2024
People v. Fregosi.
2024 COA 6. No. 21CA0116. Sentencing—Restitution—Procedural Deadlines—Good Cause to Extend Trial Court’s Deadline—Actual Costs of Specific Future Treatment—In Camera Review of Records.
January 18, 2024
People v. Dye.
2024 CO 2. No. 23SA140. Alternate Suspect Defense—Crim. P.16(II)(c)—Defendant's Discovery Obliations—“Nature of Any Defense"—People v. Elmarr, 2015 CO 53, 351 P.3d 431—Timing of Admissibility Determinations—Discretion to Hold a Hearing.
January 16, 2024
Johnson v. Bursek.
2024 CO 1. No. 22SC497. Rules of Professional Conduct—Public Policy—Sua Sponte Rulings.
January 16, 2024
Request for Comments: Colorado Rules of Civil Procedure Rules 4, 12, and 16.5; Colorado Rules of County Court Civil Procedure Rules 312, 312.5, and 316.5
Deadline to Submit Comments: April 18, 2024, at 4 p.m.
January 16, 2024
Request for Comments: Colorado Rules of Juvenile Procedure Rule 4.6
Deadline to Submit Comments: April 11, 2024, at 4 p.m.
January 16, 2024
Request for Comments: Colorado Rules for Magistrates
Deadline to Submit Comments: April 25, 2024, at 4 p.m.
January 16, 2024
Johnson v. McGrath.
2024 COA 5. No. 23CA0469. Inmate Lawsuits—In Forma Pauperis—Successive Claims—Imminent Danger of Serious Physical Injury—Court Findings.
January 11, 2024
People in the Interest of C.M.W.R.
2024 COA 4. No. 22CA0925. Juvenile Delinquency—Adjudicatory Proceedings—Speedy Trial Right—Continuance Granted Without Defendant’s Consent—Unavailability of Evidence Material to State’s Case.
January 11, 2024
Rule Change 2024(04)
Colorado Rules of Civil Procedure
January 11, 2024
Rule Change 2024(03)
Colorado Rules of Civil Procedure
January 11, 2024
Rule Change 2024(02)
Colorado Rules of Professional Conduct
January 11, 2024
Notice of Public Hearing and Request for Comments: Colorado Rules of Evidence
Deadline to Submit Comments: March 29, 2024, at 4 p.m. Deadline to Request to Speak at Public Hearing: March 29, 2024, at 4 p.m.
January 11, 2024
United States v. Conley.
No. 22-5112. 12/22/2023. N.D.Okla. Judge Matheson. Bank Fraud—Aggravated Identity Theft—US Sentencing Guidelines—Loss Calculation—Factual Basis for Plea.
December 22, 2023
United States v. Martinez, Jr.
No. 22-1167. 12/20/2023. D.Colo. Judge Kelly. Drug Trafficking—Expert Testimony—First Amendment—Spontaneous Announcement During Trial—Jury Instruction.
December 20, 2023
United States v. Ramos.
No. 23-6071. 12/15/2023. W.D.Okla. Judge Murphy. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.
December 15, 2023
BP America Production Co. v. Haaland.
No. 22-8024. 12/6/2023. D.Wyo. Judge Phillips. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.
December 6, 2023
Ian C. v. UnitedHealthcare Insurance Co.
No. 22-4082. 12/5/2023. D.Utah. Judge Phillips. Employee Retirement Security Income Act—Mental Health and Substance Abuse Treatment—Benefits Denial—Arbitrary and Capricious Standard of Review.
December 5, 2023
Team Industrial Services Inc. v. Zurich American Insurance Co.
No. 22-3275. 11/29/2023. D.Kan. Judge Hartz. Contracts—Insurance Policies—Promissory Estoppel—Breach of Contract—Breach of Fiduciary Duty.
November 29, 2023
In the Matter of Estate of Ybarra.
2024 COA 3. No. 23CA0124. Colorado Rules for Magistrates—Authority to Consider a Petition for Rehearing—Civil Appeals—Time for Filing Notice of Appeal—Excusable Neglect—Unique Circumstances Doctrine.
January 4, 2024
In re Marriage of Gonzalez Morales.
2024 COA 2. No. 22CA1867. Uniform Child-Custody Jurisdiction Enforcement Act—Warrant to Take Physical Custody of Child—Hague Convention on the Civil Aspects of Child Abduction—Patria Potestas
January 4, 2024
People v. Young.
2024 COA 1. No. 22CA1409. Vehicle and Traffic Regulation—Alcohol and Drug Offenses—Expressed Consent for the Taking of Blood, Breath, Urine, or Saliva—Extraordinary Circumstances.
January 4, 2024
Rule Change 2024(01)
Colorado Rules of Evidence
January 4, 2024
Seaman v. Heather Gardens Ass’n.
2023 COA 125. Nos. 22CA2103 & 23CA0372. Colorado Common Interest Ownership Act—Unit Owners’ Association Records—Duty to Maintain and Allow Owner Inspection of Records
December 28, 2023
People v. Gonzalez-Quezada.
2023 COA 124. No. 21CA1229. Sixth Amendment—Right to Public Trial—Sufficiency of Evidence—Testimony—Fifth Amendment Rights—CRE 403—CRE 608(b)—Partial Courtroom Closure—Waller Test.
December 28, 2023
Bartenders and More v. Colorado Department of Labor and Employment.
2023 COA 123. No. 22CA2006Colorado Wage Claim Act—Appeals of Administrative Actions—Deadline to Commence Action for Judicial Review
December 21, 2023
People v. Duncan.
2023 COA 122. No. 22CA1114. Provisions Applicable to Offenses Generally—Definitions—Serious Bodily Injury—Protracted—Sufficiency of Evidence—Prosecutorial Misconduct.
December 21, 2023
People v. Shockey.
2023 COA 121. No. 21CA0311. Special Interrogatories—Inconsistent Verdicts—Structural Error.
December 21, 2023
Anderson v. Griswold.
2023 CO 63. No. 23SA300. Election Law—Fourteenth Amendment—First Amendment—Political Questions—Hearsay.
December 19, 2023
People v. Sanders Jr.
2023 CO 62. No. 23SA187. Criminal Law—Custodial Interrogation—Miranda Warnings—Statements by Accused—Voluntariness of Statement—Evidence Wrongfully Obtained—Appellate Brief Defects.
December 18, 2023
In re People v. Tippet.
2023 CO 61. No. 23SA111. Discovery Prior to and Incident to Trial—Failure to Disclose; Sanctions—Power of Courts to Issue Particular Sanctions.
December 11, 2023
In re People in Interest of C.J.T.
2023 CO 60. Subject Matter Jurisdiction After Termination—Ability of Non-Party to Obtain Confidential Document in Case.
December 4, 2023
Antero Treatment, LLC v. Veolia Water Technologies, Inc.
2023 CO 59. No. 23SA133. Statutory Interpretation—Supersedeas—Bonds.
December 4, 2023
People v. Wells-Yates.
2023 COA 120. No. 21CA1147. Sentencing—Punishment for Habitual Criminals—Abbreviated Proportionality Review—Extended Proportionality Review—Gravity or Seriousness of Offenses.
December 14, 2023
People v. Gemelli.
2023 COA 119. No. 20CA1291. Sixth Amendment Right to Counsel—Waiver—Right to Self-Representation—Alleged Trial Court Errors—Prosecutorial Misconduct—Jail Official Interference—Court’s Response to Jury Question.
December 14, 2023
Rule Change 2023(20)
Colorado Rules of ICWA Procedures
December 14, 2023
Sentinel Colorado v. Rodriguez.
2023 COA 118. No. 22CA1934. Administrative Law—Colorado Sunshine Act—Open Meetings Law—Attorney-Client Privilege.
December 7, 2023
People v. Zoller.
2023 COA 117. No. 22CA1612. Mandatory Protection Order—Modification Request—Due Process Clause—Fundamental Right to Parental Association.
December 7, 2023
In re Marriage of Goldstone.
2023 COA 116. Nos. 22CA0313 & 22CA0727. Dissolution of Marriage—Permanent Orders—Statutory Interest—Prejudgment Interest.
December 7, 2023
People v. Day.
2023 COA 115. No. 20CA1717. Insanity—Expert Mental Condition Evidence—Competency to Proceed—Cooperation with Competency Evaluator—Restitution.
December 7, 2023
United States v. Yellowhorse.
No. 23-2011. 11/21/2023. D.N.M. Judge Bacharach. Admissibility of Out-of-Court Self-Incriminating Statements—Fed. R. Evid. 802 and 804(b)(3)—Hearsay Exception.
December 5, 2023
Stetson v. Edmonds.
No. 22-1285 & 23-1020. 11/15/2023. D.Colo. Judge Carson. Litigant Fraud and Deceit—Sanctions—Dismissal of Claims—Attorney Fees and Costs—Summary Judgment.
November 15, 2023
United States v. Taylor.
No. 22-6114. 11/14/2023. W.D.Okla. Judge Hartz. 18 USC § 922(g)—Guilty Plea—Waiver of Double Jeopardy Claim—Separate Possessions.
November 14, 2023
Estate of George v. City of Rifle.
No. 22-1355. 11/9/2023. D.Colo. Judge Briscoe. Qualified Immunity—Excessive Force—Fourth Amendment—Summary Judgment—Collateral Order Doctrine.
November 9, 2023
United States v. Brown.
No. 22-6175. 11/7/2023. W.D.Okla. Judge Kelly. Felon in Possession of Ammunition—US Sentencing Guidelines—Sentence Enhancements—Nexus—Fed. R. Civ. Proc. 23.
November 7, 2023
Grubb v. DPX Enterprises.
No. 22-5073. 10/30/2023. N.D.Okla. Judge Hartz. Employment Agreement—Implied Duty of Good Faith and Fair Dealing—Breach of Contract—Partnership—Tort Claims.
October 30, 2023
Board of County Commissioners of Boulder County v. Crestone Peak Resources Operating LLC.
2023 CO 58. No. 21SC477. Construction of Oil and Gas Lease—Cessation of Production—Commercial Discovery Rule.
November 20, 2023
Tender Care Veterinary Center v. Lind-Barnett.
2023 COA 114. No. 22CA1611. Defamation—Action Involving Exercise of Constitutional Rights—Anti-SLAPP Statute—Special Motion to Dismiss—Issue of Public Interest—Public Issue.
November 30, 2023
People v. Cooper.
2023 COA 113. No. 22CA0914. Postconviction Remedies—Retroactive Application of Changed Legal Standard—Constitutional Rule of Criminal Procedure.
November 30, 2023
People v. Poot-Baca.
2023 COA 112. No. 20CA1153. Identity Theft—Criminal Possession of a Financial Device—Prosecution of Multiple Counts for Same Act—Lesser Included Offenses.
November 30, 2023
People v. Schaefer.
No. 23PDJ052. 10/13/2023. Stipulation to Discipline.
December 4, 2023
People v. Riley.
No. 23PDJ055. 10/13/2023. Stipulation to Discipline.
December 4, 2023
People v. Muscato.
No. 23PDJ057. 10/23/2023. Stipulation to Discipline.
December 4, 2023
People v. Merritt.
No. 23PDJ051. 9/27/2023. Reciprocal Discipline.
December 4, 2023
People v. Menges.
No. 23PDJ049. 9/25/2023. Stipulation to Discipline.
December 4, 2023
People v. Hartford.
No. 22PDJ011. 8/29/2023. Stipulation to Discipline.
December 4, 2023
People v. O’Connell Hart III.
No. 23PDJ034. 10/10/2023. Stipulation to Discipline.
December 4, 2023
People v. Buckley.
No. 23PDJ009. 9/26/2023. Opinion Imposing Sanctions.
December 4, 2023
People v. Blumenthal.
No. 22PDJ062. 9/28/2023. Stipulation to Discipline.
December 4, 2023
People v. Abrahamson Pirzadeh.
No. 23PDJ045. 9/27/2023. Stipulation to Discipline.
December 4, 2023
People v. Abrahamson Pirzadeh.
No. 21PDJ066. 9/27/2023. Revocation of Probation.
December 4, 2023
Rule Change 2023(19)
Colorado Rules of Civil Procedure: Rule 1
November 30, 2023
Rule Change 2023(18)
Colorado Probate Code Forms
November 30, 2023
Nicola v. Grand Junction.
2023 COA 111. No. 22CA0656. Wrongful Death—Death of Person Under Disability—Survival Claims—One Civil Action Rule—Limitation on Damages.
November 22, 2023
People v. Mion.
2023 COA 110. No. 21CA1230. Affirmative Defenses—Involuntary Intoxication.
November 22, 2023
In re People in the Interest of Minor Children.
2023 CO 57. No. 23SA126. Dependency and& Neglect Proceedings—Attorney-Client Privilege—Privilege Log—In Camera Review.
November 14, 2023
Garcia v. Colorado Cab Co.
2023 CO 56. No. 21SC895. Torts—Negligence—Proximate Cause—Rescue Doctrine—Foreseeability—Issues of Law or Fact in General.
November 14, 2023
Perez v. By the Rockies, LLC.
2023 COA 109. No. 22CA1791. Colorado Wage Claim Act—Colorado Minimum Wage Act—Limitation of Actions—Recovery of Balance of Minimum Wage—General Six-Year Limitation of Actions.
November 16, 2023
Gresser v. Banner Health.
2023 COA 108. No. 22CA1502. Health Care Availability Act Liability Limit—Award in Excess of Limitation—Expert Testimony—Suggestion of Collusion.
November 16, 2023
Rule Change 2023(17)
Colorado Rules of Professional Conduct: Preamble and Rules 1, 3.4, 3.7, 4.2, 4.3, 5.1, 5.3, 5.3A, 5.4, 5.5, 5.6, 7.3, 8.3, and 8.4
November 16, 2023
Rule Change 2023(16)
Colorado Licensed Legal Paraprofessional Rules of Professional Conduct: Rules 3.1, 3.3, 3.7, and 3.9
November 16, 2023
Rule Change 2023(15)
Rules Governing Admission to the Practice of Law in Colorado
November 16, 2023
Rule Change 2023(14)
Colorado Rules of Civil Procedure
November 13, 2023
Gebert v. Sears, Roebuck & Co.
2023 COA 107. No. 22CA0887. Personal Injury—Negligence—Vicarious Liability—Limitations on Damages for Noneconomic Loss or Injury—Seventh Amendment—Right to Civil Jury Trial.
November 9, 2023
People v. Mickey.
2023 COA 106. No. 21CA1407. Sentencing—Assessment of Restitution—Good Cause to Extend Trial Court’s Deadline—Harmless Error.
November 9, 2023
People v. Munoz-Diaz.
2023 COA 105. No. 21CA0886. Fifth Amendment—Fourteenth Amendment—Due Process—Voluntariness of Statements—Admission of DNA Evidence.
November 9, 2023
People v. Jones.
2023 COA 104. No. 20CA1568. Affirmative Defenses—Self-Defense—Use of Physical Force in Defense of a Person—Use of Deadly Physical Force Against an Intruder—Confrontation Clause—Prosecutorial Misconduct.
November 9, 2023
Rudnicki v. Bianco.
2023 COA 103. No. 22CA1246. Medical Malpractice—Pre-Majority Medical Expenses—Interest on Damages—Prejudgment Interest—Health Care Availability Act—Limitation of Liability—Law of the Case.
November 2, 2023
People v. Salazar.
2023 COA 102. No. 22CA0331. Jury Instructions—Sexual Assault on a Child by One in a Position of Trust—Statutory Elements—Knowingly—Position of Trust—CRE 404(a)—Testimony Regarding Probable Cause—Prosecutorial Misconduct.
November 2, 2023
Colorado Sun and Tegna, Inc. v. Brubaker.
2023 COA 101. No. 21CA1608. Colorado Open Records Act—Children’s Code—Reports of Child Abuse or Neglect—Identifying Information.
November 2, 2023
Request for Comments: Colorado Rules of Professional Conduct
Deadline to Submit Comments: January 10, 2024, at 4 p.m.
October 31, 2023
Puerta v. Newman.
2023 COA 100. No. 22CA2021. Remedies—Damages—Civil Action for Deprivation of Rights—Peace Officers—Standing.
October 26, 2023
Far Horizons, LLC v. Flying Dutchman Condominium Ass’n Inc.
2023 COA 99. No. 22CA1298. Colorado Common Interest Ownership Act—Enforcement—Attorney Fees.
October 26, 2023
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