From the Courts
Colorado Court Case Summaries
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
People v. Bice.
2023 COA 98. No. 22CA0600. Level 1 Drug Felony—Conspiring to Sell or Distribute a Controlled Substance—Penalties for Criminal Conspiracy—Exceptions for Offense Levels Otherwise Provided by Law.
October 26, 2023
People v. Walthour.
2023 CO 55. No. 23SA125. Discovery—DUI—Trial Court Discretion.
October 23, 2023
Weld County Colorado Board of County Commissioners v. Ryan.
2023 CO 54. No. 22SC242. Jurisdictional Standing—Political Subdivision—Rule of Martin.
October 25, 2023
People v. Seymour.
2023 CO 53. No. 23SA12. Fourth Amendment—Searches and Seizures—Internet—Probable Cause—Expectation of Privacy—Possessory Interests—Particularity—Nexus—Warrants—Good Faith—First Amendment—Expressive Conduct.
October 16, 2023
Colorado State Board of Education v. Adams County School District 14.
2023 CO 52. No. 23SC61. Standing—Political Subdivision Doctrine—Local Government Law.
October 16, 2023
People v. Tanner.
2023 COA 97. No. 22CA2178. Careless Driving—Unit of Prosecution.
October 19, 2023
People v. Price.
2023 COA 96. No. 20CA1960. Patronizing a Prostituted Child—Pimping of a Child—Forgery—Colorado Organized Crime Control Act—Enterprise—Colorado Constitution, Article II—Equal Protection—Habitual Criminal Sentence Enhancer.
October 19, 2023
American Southwest Mortgage Corp. v. Continental Casualty Co.
Nos. 22-6071 & 22-6075. 10/16/2023. W.D.Okla. Judge Eid. Mortgage Loans—Negligent Audit Reports—Insurance Fraud—Interrelated Audit Reports—Interrelated Claims.
October 16, 2023
People v. Tice.
No. 23PDJ047. 9/15/2023. Opinion Imposing Sanctions.
October 13, 2023
People v. Romero.
No. 22PDJ025 (consolidated with 22PDJ048). 9/5/2023. Opinion Imposing Sanctions.
October 13, 2023
People v. Parker.
No. 22PDJ069. 9/1/2023. Stipulation to Discipline.
October 13, 2023
People v. O’Connell.
No. 23PDJ044. 8/30/2023. Stipulation to Discipline.
October 13, 2023
People v. Lowery-Graber.
No. 22PDJ051. 9/6/2023. Stipulation to Discipline.
October 13, 2023
People in the Interest of Ramsey.
2023 COA 95. No. 23CA1100. Treatment of Persons With Mental Health Disorders—Involuntary Medication Administration—Certification for Short-Term Treatment—Hearing Procedures—Medina Factors.
October 12, 2023
Dorsey v. People.
2023 CO 51. No. 21SC856. CRS § 18-3-412.5, Failure to Register as a Sex Offender—Recidivist Provision—Class 6→Class 5 Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.
October 3, 2023
Caswell v. People.
2023 CO 50. No. 21SC749. CRS § 18-9-202, Cruelty to Animals—Recidivist Provision—Misdemeanor→Felony Transforming Fact—Element v. Sentence Enhancer—Sixth Amendment Right to a Jury Trial—Article II of the Colorado Constitution.
October 3, 2023
Wyoming Gun Owners v. Gray.
Nos. 22-8019 & 22-8021. 10/11/2023. D.Wyo. Judge Tymkovich. Wyoming Campaign Finance Law—42 USC § 1983—Vagueness Challenges—Pre-Enforcement Challenges—Functional-Equivalent Standard—Attorney Fees under 42 USC § 1988.
October 11, 2023
United States v. Nunez-Carranza.
No. 22-2100. 10/11/2023. D.N.M. Judge Ebel. Removal Proceedings—US Sentencing Guidelines—Section 3553(a) Sentencing Factors—Downward Variance Request—Sentencing Court’s Duty to Explain Sentencing Decision.
October 11, 2023
Farmers Insurance Exchange v. Kretzer.
2023 COA 94. No. 22CA1804. Motor Vehicles—Automobile Insurance Policies—Uninsured/Underinsured Coverage—Named Driver Exclusion.
October 5, 2023
Brookhart v. Reaman.
2023 COA 93. No. 22CA1119. Colorado Open Records Act—Allowance or Denial of Inspection—Library Records Disclosing the Identity of a User—Privacy of User Records.
October 5, 2023
People v. Mortenson.
2023 COA 92. No. 21CA1364. Aggravated Robbery—Theft—Entry of Conviction on Remand—Lesser Included Offenses.
October 5, 2023
People v. Hollis.
2023 COA 91. No. 20CA1746. Undercover Controlled Drug Buys—Restitution—Money Advanced by Law Enforcement Agencies—Extraordinary Public Investigative Costs.
October 5, 2023
United States v. Streett.
No. 22-2056. 10/5/2023. D.N.M. Judge Ebel. Search Warrant—Inevitable Discovery Doctrine—Probable Cause—Constitutionality of 18 USC § 2251(a).
October 5, 2023
Brayman v. KeyPoint Government Solutions, Inc.
Nos. 22-1118 & 22-1168. 10/3/2023. D.Colo. Judge Hartz. Arbitration Agreement—Fair Labor Standards Act—Class Action Lawsuit—Class Certification—State Law Claims—Fed. R. Civ. Proc. 23.
October 3, 2023
People in the Interest of C.D.P.
2023 COA 90. No. 22CA2074. Juvenile Court—Dependency and Neglect—Uniform Parentage Act—Psychological Parent.
September 28, 2023
In re Katherine E. Reece Trust.
2023 COA 89. No. 22CA1393. Trust Construction—Support and Maintenance—Standard of Living.
September 28, 2023
Anderson v. Senthilnathan.
2023 COA 88. No. 22CA0858. Defamation—Issue of Public Concern—Anti-SLAPP Statute—Special Motion to Dismiss.
September 28, 2023
Gonzales v. Hushen.
2023 COA 87. No. 22CA0696. Defamation—Intentional Infliction of Emotional Distress—Anti-SLAPP Statute—Special Motion to Dismiss—Quasi-Judicial Proceedings—Absolute Immunity—Title IX Investigations.
September 28, 2023
People v. C.H.
2023 COA 86. No. 21CA1136. Sealing Criminal Conviction and Criminal Justice Records—Sealing Criminal Justice Records Other Than Convictions—Deferred Judgments—Eighth Amendment.
September 28, 2023
Center for Biological Diversity v. US Environmental Protection Agency.
No. 22-9546. 9/18/2023. E.P.A. Judge Moritz. Administrative Procedure Act—Clean Air Act—40 CFR § 51.165—National Ambient Air Quality Standards—State Implementation Plan.
September 18, 2023
United States v. Coates.
No. 22-3122. 9/18/2023. D.Kan. Judge Murphy. Presentence Investigation Report—Pattern of Activity Sentence Enhancement—US Sentencing Guidelines Commentary.
September 18, 2023
Waetzig v. Halliburton Energy Services, Inc.
No. 22-1252. 9/11/2023. D.Colo. Judge Tymkovich. Jurisdiction to Reopen Case—Vacatur of Arbitration Award—Fed. R. Civ. Proc. 41(a)—Fed. R. Civ. Proc. 60(b).
September 11, 2023
United States v. Leon.
No. 22-1070. 9/11/2023. D.Colo. Judge Seymour. Traffic Stop—Reasonable Suspicion—Rodriguez Moment—Drug Trafficking.
September 11, 2023
United States v. Britt.
No. 22-7012. 8/31/2023. E.D.Okla. Judge Briscoe. Self-Defense Jury Instruction—Imperfect Self-Defense Jury Instruction—Appropriateness of Sanctions.
August 31, 2023
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