Weatherill v. State Farm Mutual Automobile Insurance Co.

2026 COA 11. No. 23CA1172. Insurance Company Regulation—Required Disclosures—Limitation of Actions—General Limitation of Actions Two Years—CRS § 10-3-1117.

People v. Torres.

2026 CO 15. No. 25SA169. Fourth Amendment—Miranda v. Arizona—Invocation—Voluntary Waiver—Voluntary Statements.

People v. McGee.

2026 CO 14. No. 25SA198. Probable Cause—Warrantless Arrest—Sufficient Specificity.

In re Title, Ballot Title, and Submission Clause for Proposed Initiative 2025–2026 #158.

2026 CO 13. No. 25SA334. Single Subject.

In re Maxwell.

2026 COA 10. No. 25CA0323. Real Property—Restraints on Alienation—Use Restrictions—Wills—Charitable Gifts—Reformation—Modification of Gift Restrictions—Cy Pres Doctrine.

People v. Valdez.

2026 COA 9. No. 24CA0540. Sexual Assault—Submission Through Actual Application of Physical Force—Sufficiency of Evidence.

Judicial Department Forms—March 2026

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

November 1, 2025, through January 31, 2026

People v. Robinson.

No. 25PDJ58. 1/26/2026. Amended Opinion Imposing Sanctions.

People v. Nichols.

No. 26PDJ5. 1/27/2026. Stipulation to Discipline.

People v. Williams.

No. 25PDJ25. 11/21/2025. Opinion Imposing Sanctions.

People v. Stout.

No. 25PDJ30. 12/18/2025. Stipulation to Discipline.

In re People v. Dilka.

2026 CO 12. No. 25SA187. Criminal Law—Statutes—Second Degree Burglary—Protection Orders.

Lingam v. Dish Network Corp.

No. 25-1157. 2/17/2026. D.Colo. Judge Matheson. Securities Exchange Act—Securities Exchange Commission Rule 10b-5—Private Securities Litigation Reform Act of 1995— Fed. R. Civ. P. 9(b)—Pleading Requirements—Failure to State a Claim.

United States v. Beckner.

No. 24-2109. 2/17/2026. D.N.M. Judge Hartz. Bank Fraud—Wire Fraud—Conspiracy to Commit Mail, Bank, and Wire Fraud— Fed. R. Evid. 403—Fed. R. Evid. 404(b)—US Sentencing Guideline § 3B1.1(a)—US Sentencing Guideline § 2B1.1(b)(10)—Sentence Disparity.

Spann v. National Conference of Bar Examiners.

No. 24-2083. 2/12/2026. D.N.M. Judge Hartz. New Mexico Bar Exam—Americans With Disabilities Act—Rehabilitation Act—Personal Jurisdiction—Summary Judgment—Failure to Properly Request Discovery—Eleventh Amendment Immunity.

Shaw v. Smith.

Nos. 23-3264 & 23-3267. 1/29/2026. D.Kan. Judge Federico. Fourth Amendment—Traffic Stops—Reasonable Suspicion—Injunctive and Declaratory Relief—Abuse of Discretion.

United States v. Ruiz.

No. 24-2128. 1/28/2026. D.N.M. Judge Tymkovich. Sexual Act With a Minor Under Age 12—Non-Indian Status—Sufficiency of Evidence.

United States v. Singer.

United States v. Singer. 1/23/2026. W.D.Okla. Judge Eid. Possessing Ammunition After a Felony Conviction—Prior Oklahoma Assault and Battery Convictions—US Sentencing Guidelines—Armed Career Criminal Act—Categorical Crime of Violence.

Townsell v. People.

2026 CO 11. No. 23SC924. Postconviction Appointment of Counsel—Ineffective Assistance of Trial Counsel—DNA Evidence.

People v. Shockey.

2026 CO 10. No. 24SC117. Jury Verdicts—Mutually Exclusive Verdicts—Internal Inconsistency.

Lewis v. Stancil.

2026 COA 8. No. 25CA0087. Inmate and Parole Time Computation—One Continuous Sentence—Earned Time—Nunc Pro Tunc Orders.

People v. Martinez.

2026 COA 7. No. 24CA1501. Postconviction Remedies—Crim. P. 35(c)(3)(V)—Denial Without Evidentiary Hearing—Decision Based on Pleadings.

Bohanan v. Esurance Property & Casualty Insurance Co.

2026 COA 6. No. 24CA1649. Insurance Regulation—Insurance Claim—Request for Copy of Insurance Policy—Unfair Competition and Deceptive Practices—Required Disclosures—Statutory Damages.

People v. Reynolds.

No. 26PDJ1. 1/8/2026. Stipulation to Discipline.

People v. Moseley.

No. 24PDJ079. 6/12/2025. Opinion and Order Dismissing Reciprocal Discipline Complaint.

People v. March.

No. 25PDJ78. 12/19/2025. Stipulation to Discipline.

People v. Hatfield.

No. 25PDJ76. 12/9/2025. Stipulation to Discipline.

People v. Espinoza.

No. 25PDJ34. 12/23/2025. Stipulation to Discipline.

Hinds v. Foreman.

2026 CO 9. No. 24SC698. Civil Procedure—Anti-SLAPP Statute—Appellate Review of County Court Final Judgments.

Mitchell v. People.

2026 CO 8. No. 24SC122. Criminal Law and Procedure—Equal Protection—Selective Prosecution.

Judicial Department Forms—February 2026

Keep Airport Road Environmental & Safe v. Boulder County Board of County Commissioners.

2026 COA 5. No. 24CA2203. Court Jurisdiction—Standing—Conservation Easements—Termination—Legally Protected Interest—Land Use Decision.

Byers Peak Properties, LLC v. Byers Peak Land & Cattle, LLC.

2026 CO 7. No. 24SA254. Water Law—Private Right of Action—Ancillary Jurisdiction.

Public Service Co. of Colorado v. Cuevas.

2026 CO 6. No. 23SC659. Public Utilities—Electricity—Personal Injury.

People v. Mion.

2026 CO 5. No. 24SC2. Affirmative Defenses—Involuntary Intoxication—Statutory Interpretation.

Moxie Pest Control (UTAH), LLC v. Nielsen.

No. 24-4076. 1/21/2026. D.Utah. Judge Moritz. Misuse of Company Data—Computer Fraud and Abuse Act—Racketeer Influenced and Corrupt Organizations Act—Defend Trade Secrets Act—Utah Uniform Trade Secrets Act—Causation—Motion to Dismiss—Summary Judgment—Statutory Loss Requirement—Scope of Discovery—Remedies.

United States v. Griffin.

No. 24-8070. 1/13/2026. D.Wyo. Judge Tymkovich. Sentencing—Mandatory Minimum—Categorical Test—Predicate Offense.

Mukantagara v. Noem.

No. 24-4071. 1/12/2026. D.Utah. Judge Phillips. US Citizenship and Immigration Services—Termination of Refugee Status—Eligibility Determination—Discretionary Actions—Subject Matter Jurisdiction.

United States v. Eckstein.

No. 24-3138. 1/9/2026. D.Kan. Judge Bacharach. Plea Negotiations—Court Participation—Fed. R. Crim. P. 11(c)(1).

Montgomery v. Cruz.

No. 23-1315. 1/6/2026. D.Colo. Judge Bacharach. Pat-Down Search—Search of Pockets and Wallet—Fourth Amendment—Qualified Immunity—Summary Judgment.

United States v. Raban.

No. 24-1359. 12/30/2025. D.Colo. Judge Phillips. Traffic Stop—High-Crime Area—Gang Member—Vehicle Search—Reasonable Suspicion—Convicted Felon—Protective Sweep.

In re Parental Responsibilities Concerning W.P.A.S.

2026 COA 4. No. 24CA1985. Family Law—Allocation of Parental Responsibilities—Attorney Fees—Final Appealable Order—Insufficient Factual Findings.

In re Marriage of Carey.

2026 COA 3. No. 24CA2006. Colorado Rules for Magistrates—Review of District Court Magistrate Orders or Judgments—Orders or Judgments Entered When Consent Not Necessary—Finality.

Moore v. Colorado Department of Revenue.

2026 COA 2. No. 24CA1735. Drivers’ Licenses—License Revocation Based on Administrative Determination—Alcohol and Drug Offenses—Expressed Consent for Taking Blood, Breath, Urine, or Saliva—Refusal.

Notice of Public Hearing and Request for Comments

Colorado Rules of Evidence

In re People v. McGee.

2026 CO 4. No. 25SA224. Competency to Proceed—Statutory Right to Second-Opinion Competency Evaluation—CRS §§ 16-8.5-101 to -103—People v. Lindsey—Lack of Discretion to Deny Timely Request for Second-Opinion Competency Evaluation.

People v. Soron.

2026 CO 3. No. 25SA203. Physician-Patient Privilege—Child Abuse Exception to Physician-Patient Privilege.

In re People v. Castorena.

2026 CO 2. No. 25SA179. Discovery—Required Disclosures—Other Governmental Personnel—Service of Process.

In re People in Interest of B.J.S.

2026 CO 1. No. 25SA204.

People v. Ramirez-Armas.

2026 COA 1. No. 23CA0338. Assault in the First Degree—Peace Officers—Amended Information—Batson Challenge—Merger of Convictions—Eighth Amendment—Proportionality Review—Per Se Grave or Serious Offenses.

Lancaster v. Cartmell.

No. 25-6000. 12/23/2025. W.D.Okla. Judge Tymkovich. Medicaid Eligibility—Spending Power Statutes—42 USC § 1396a(a)(8)—42 USC § 1983—Individually Enforceable Rights.

United States v. Kirby.

No. 24-7070. 12/16/2025. E.D.Okla. Judge Phillips. Involuntary Manslaughter in Indian Country—“Under the Influence”—Jury Instructions—Juror Question—Supplemental Instruction.

Plump v. Government Employees Insurance Co.

No. 24-3091. 12/16/2025. D.Kan. Judge Murphy. Employment Discrimination—Retaliation—Family and Medical Leave Act—Americans With Disabilities Act—42 USC § 1981—Civil Rights Act—Pretext—Summary Judgment.

United States v. McHenry.

No. 24-7048. 12/12/2025. E.D.Okla. Judge Eid. Using and Carrying a Firearm During and in Relation to a Crime of Violence—Sufficiency of Evidence—Constructive Possession of Firearm.

United States v. Rainford.

No. 24-7022. 12/9/2025. E.D.Okla. Judge Federico. Murder in Indian Country—Involuntary Intoxication Affirmative Defense—Imperfect Defense of Another—Involuntary Manslaughter—Jury Instructions.

Voter Reference Foundation, LLC v. Torrez.

Nos. 24-2133 & 24-2141. Voting Records—New Mexico Election Code—National Voter Registration Act—Conflict Preemption—Standing—Injury-in-Fact—First Amendment.

Judicial Department Forms—January 2026

People in Interest of N.K.S.

2025 COA 100. No. 25CA0285. Juvenile Court—Dependency and Neglect—Termination of the Parent-Child Legal Relationship—Appeals—Guardian ad Litem—Standing—Lack of Jurisdiction.

Ramirez, Jr. v. KLM Construction, Inc.

2025 COA 99. No. 25CA0061. Workers’ Compensation Coverage and Liability—Contractors—Rejection of Coverage by Corporate Officers and Others—Statutory Damages Cap—Cause of Action Brought Against Another Not in the Same Employ—Principal Parties.

People v. Garcia.

2025 COA 98. No. 23CA1371. Appeals—Sufficiency of Evidence—Concession of Guilt—Waiver.

Sommers v. MarketPlace Realty, LLC.

2025 COA 97. No. 24CA2155. Colorado Wage Claim Act—Independent Contractor—Wages—Severance Pay.

In re Marriage of Teruel De Torres.

2025 COA 96. No. 24CA0231. Uniform Dissolution of Marriage Act—Modification of Custody or Decision-Making Responsibility—Civil Procedure—Declaratory Judgments—CRCP 57—First Amendment.

People v. Malcolm.

2025 COA 95. No. 23CA1793. CRE 404(b)—Evidence of Other Crimes, Wrongs, Acts—Prejudice.

People v. Wilson.

2025 COA 94. No. 22CA1977. Violation of Custody Order or Order Relating to Parental Responsibilities—Unit of Prosecution—Sufficiency of Evidence—Bad Character Evidence—Multiplicity.

People v. Steinhauser.

No. 25PDJ4. 10/30/2025. Opinion Imposing Sanctions.

People v. Riley.

No. 25PDJ73. 11/20/2025. Stipulation to Discipline.

People v. Harro.

No. 24PDJ091. 10/13/2025. Opinion Imposing Sanctions.

People v. Edminister.

No. 25PDJ75. 11/21/2025. Stipulation to Discipline.

People v. Dill.

No. 25PDJ14. 11/4/2025. Stipulation to Discipline.

People v. Blumenthal.

No. 24PDJ022. 11/21/2025. Amended Stipulation to Discipline.

People v. Havens.

2025 CO 65. No. 25SA154. Law Enforcement—Body-Worn Cameras—Discovery and Procedure Before Trial.

In re People v. Camp; In re People v. Simons.

2025 CO 64. Nos. 24SA276, 24SA308, and 24SA309. Preemption—Municipal Government—Criminal Law—Penalties.

People v. Kennedy.

2025 CO 63. No. 23SC847. Cruel and Unusual Punishment—Post-Conviction Proportionality Review—Vehicular Homicide (DUI).

People v. Steinhauser.

No. 25PDJ4. 10/30/2025. Opinion Imposing Sanctions.

People v. Riley.

No. 25PDJ73. 11/20/2025. Stipulation to Discipline.

People v. Harro.

No. 24PDJ091. 10/13/2025. Opinion Imposing Sanctions.

People v. Edminister.

No. 25PDJ75. 11/21/2025. Stipulation to Discipline.

People v. Dill.

No. 25PDJ14. 11/4/2025. Stipulation to Discipline.

People v. Blumenthal.

No. 24PDJ022. 11/21/2025. Amended Stipulation to Discipline.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

August 1, 2025, through October 31, 2025

People v. Berumen.

2025 COA 93. No. 23CA1435. Affirmative Defenses—Model Jury Instructions—Presumption of Innocence—Burden of Proof—Reasonable Doubt—Choice of Evils.

Lind-Barnett v. Tender Care Veterinarian Center, Inc.

2025 CO 62. No. 24SC8. First Amendment—Anti-SLAPP Statute—Public Issue or Issue of Public Interest.

People in Interest of N.G.

2025 COA 92. No. 25CA1724. Behavioral Health—Substance Use Disorder—Involuntary Commitment of a Person Under CRS § 27-81-111—Sufficiency of Evidence.

Judicial Department Forms—December 2025

People v. Romero.

2025 COA 91. No. 25CA1082. Menacing—By Use of Firearm, Knife, or Bludgeon—Dictionary Definition.

United States v. Cooper.

No. 23-4052. 11/18/2025. D.Utah. Judge Ebel. Sentencing—Life Imprisonment—Categories of Serious Violent Felonies—18 USC § 3559(c)(2)(F)(ii) Residual Clause—Collateral Relief.

C&M Resources, LLC v. Extraction Oil and Gas, Inc.

No. 24-1311. 11/14/2025. D.Colo. Judge Federico. State Court Proceedings—Removal—Filings From Another Case—Notice of Right to Remove—Collateral Estoppel—Waiver—Forfeiture.

National Ass’n of Industrial Bankers v. Weiser.

No. 24-1293. 11/10/2025. D.Colo. Judge Phillips. Depository Institutions Deregulation and Monetary Control Act of 1980—12 USC § 1831d—Opt-Out Provision—Location of Lenders and Borrowers—Preliminary Injunction.

United States v. Sockey.

No. 24-7063. 11/4/2025. E.D.Okla. Judge Kelly. First Degree Murder—Voluntary Manslaughter—“Words Alone” Jury Instruction.

Timmins v. Plotkin.

No. 24-1160. 11/3/2025. D.Colo. Judge Hartz. Public Employee—General Counsel—Statements to the Public—First Amendment Retaliation—Employee’s Protected Speech—Scope of Employee’s Duties.

United States v. McGregor.

No. 23-1399. 10/28/2025. D.Colo. Judge Holmes. Traffic Stop—Reasonable Suspicion—Fourth Amendment—Furtive Movements—Gang Membership—Prior Robbery Conviction—Constitutionality of 18 USC § 922(g)(1).

Judicial Discipline Rule-Making Committee

Notice of Rulemaking: Colorado Rules of Judicial Discipline

People v. Montoya.

2025 COA 89. No. 21CA1539. Sixth Amendment—Right to Public Trial—Courtroom Closure—Proceedings via Webex—Waller Test—Failure or Refusal to Leave Premises—Barricading.

Castillo v. STEM School Highlands Ranch.

2025 COA 88. No. 24CA1046. Colorado Governmental Immunity Act—Claire Davis School Safety Act—Legislative Intent—Request for Jury Trial—Deposit of Maximum Damages Into Court Registry—Mootness.

People v. Vidrine.

No. 25PDJ49.  8/6/2025. Stipulation to Discipline.

People v. Vahsholtz.

No. 24PDJ090. 7/11/2025. Opinion Imposing Sanctions.

People v. O’Malley.

No. 25PDJ1. 8/20/2025. Stipulation to Discipline.

People v. McConkie.

No. 25PDJ36. 8/7/2025. Stipulation to Discipline.

People v. Lavizzo.

No. 25PDJ51. 8/11/2025. Stipulation to Discipline.