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From the Courts

Colorado Court Case Summaries

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People v. March.

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

February 1, 2026

Hinds v. Foreman.

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

February 2, 2026

Mitchell v. People.

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

February 2, 2026

People v. Mion.

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

January 26, 2026

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.

January 21, 2026

United States v. Griffin.

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

January 13, 2026

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.

January 12, 2026

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).

January 9, 2026

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.

January 6, 2026

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.

December 30, 2025

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.

January 15, 2026

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.

January 15, 2026

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.

January 12, 2026

People v. Soron.

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

January 12, 2026

In re People v. Castorena.

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

January 12, 2026

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.

January 8, 2026

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.

December 23, 2025

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.

December 16, 2025

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.

December 16, 2025

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.

December 12, 2025

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.

December 9, 2025

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.

November 25, 2025

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.

December 31, 2025

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.

December 31, 2025

People v. Garcia.

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

December 31, 2025

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.

December 24, 2025

People v. Malcolm.

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

December 24, 2025

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.

December 24, 2025

People v. Riley.

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

January 1, 2026

People v. Harro.

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

January 1, 2026

People v. Dill.

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

January 1, 2026

People v. Havens.

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

December 22, 2025

People v. Kennedy.

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

December 15, 2025

People v. Riley.

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

December 12, 2025

People v. Harro.

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

December 12, 2025

People v. Dill.

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

December 12, 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.

December 12, 2025

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.

December 4, 2025

People v. Romero.

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

November 26, 2025

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.

November 18, 2025

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.

November 14, 2025

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.

November 10, 2025

United States v. Sockey.

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

November 4, 2025

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.

November 3, 2025

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).

October 28, 2025

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.

November 20, 2025

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.

November 13, 2025

People v. Peters.

No. 24PDJ095. 10/2/2025. Stipulation to Discipline.

November 12, 2025

People v. Murphy.

No. 25PDJ23. 10/13/2025. Stipulation to Discipline.

November 12, 2025

People v. Legg.

No. 25PDJ13. 10/8/2025. Stipulation to Discipline.

November 12, 2025

People v. Lees.

No. 25PDJ53. 9/5/2025. Amended Stipulation to Discipline.

November 12, 2025

People v. Gonzales.

No. 24PDJ094. 8/29/2025. Amended Stipulation to Discipline.

November 12, 2025

People v. West.

2025 CO 61. No. 25SA193. Disqualification of a Prosecutor—Special Circumstances Justifying Disqualification—Appearance of Impropriety Insufficient—CRS § 20-1-107—People v. Loper—People v. Kent.

November 10, 2025

Shive v. 24 Hour Fitness USA, LLC.

2025 COA 87. No. 24CA2075. Contracts—Colorado Premises Liability Act—Exculpatory Clauses—Clear and Unambiguous Intent to Extinguish Liability.

November 6, 2025

People in Interest of H.L.B.

2025 COA 86. No. 24CA1786. Dependency and Neglect—Termination of Parent-Child Legal Relationship—Criteria for Termination—Less Dramatic Alternatives—Allocation of Parental Responsibilities.

November 6, 2025

Smith v. Terumo BCT, Inc.

2025 COA 85. No. 24CA1393. Class Actions—Jurisdiction—Standing—Injury-in-Fact—CRCP 15(a)—CRCP 60(b)(5).

October 30, 2025

Purgatory Recreation I, LLC v. United States.

No. 24-1241. 10/21/2025. D.Colo. Judge Ebel. Administrative Procedure Act—Declaratory Judgment Act—Quiet Title Act—Subsurface Mineral Rights—Subject Matter Jurisdiction—Lack of Prudential Ripeness.

October 21, 2025

United States v. Watkins.

No. 23-6210. 10/14/2025. W.D.Okla. Judge Hartz. Fourth Amendment—Felon in Possession of a Firearm—Felon in Possession of Ammunition—Curtilage of a Dwelling.

October 14, 2025

Jacobs v. Salt Lake City School District.

No. 23-4058. 10/9/2025. D.Utah. Judge Ebel. Educational Services for Children With Intellectual Disabilities—Individuals With Disabilities in Education Act—Americans With Disabilities Act—Section 504 of the Rehabilitation Act—Standing—Plausible Claim for Relief.

October 9, 2025

United States v. Tso.

No. 24-2081. 9/30/2025. D.N.M. Judge Federico. Sexual Abuse in Indian Country—Statute of Limitations—Categorical Approach Versus Case-Specific Analysis.

September 30, 2025

St. Mary Catholic Parish v. Roy.

No. 24-1267. 9/30/2025. D.Colo. Judge Federico. Public Funding for Preschools—Early Childhood Act—First Amendment—Nondiscrimination Requirement—Strict Scrutiny Versus Rational Basis Review.

September 30, 2025

United States v. Stacy.

No. 25-6029. 9/26/2025. W.D.Okla. Judge Phillips. Controlled Substances Act—State Medical Marijuana Laws—Federal Prosecution—Drug Conspiracy—Maintaining a Drug-Involved Premises.

September 26, 2025

People v. Fields.

2025 COA 84. No. 20CA1708. Sentencing—Punishment for Habitual Criminals—Jury’s Role—Uniform Mandatory Disposition of Detainers Act—Jury Instructions—Victim Impact Evidence.

October 23, 2025

Banner Health v. Gresser.

2025 CO 60. No. 23SC959. Medical Malpractice Damages—HCAA—Statutory Damages Cap—Grossly and Manifestly Excessive Damages—Jury’s Common Law Authority to Determine Damages—Remittitur—Statutory Interpretation.

October 20, 2025

Elken v. Bain.

2025 COA 83. No. 24CA0590. Assisted Reproduction—Pre-Embryos—Unmarried Parties—Factors for Weighing Parties’ Interests.

October 16, 2025

People in Interest of S.G.H.

2025 CO 59. No. 25SA29. Preliminary Hearing—Probable Cause—Sexual Exploitation of a Child—Possession of Sexually Exploitative Material—CRS § 18-6-403—Generative AI—2025 Statutory Amendments—Legislative Intent—Statutory History—Legislative History.

October 13, 2025

People in the Interest of Ferguson.

2025 COA 82. No. 25CA0905. Care and Treatment of Persons With Mental Health Disorders—Involuntary Medication Administration—Treatment Plan—Ineffective Assistance of Counsel.

October 9, 2025

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