Rule Change 2023(02)

Colorado Rules of Judicial Discipline

Colorado Property Tax Administrator v. CO2 Committee, Inc.

2023 CO 8. No. 21SC393. Oil and Gas—Property Taxation—Standing—Statutory Construction.

City of Aurora v. Colorado Department of Revenue.

2023 COA 17. No. 21CA1423. Taxation—Cigarette Sales—CRS § 39-22-623(1)(a)(II)(A).

People v. Silvanic.

2023 COA 16. No. 20CA1503. Sex Offender Intensive Supervision Probation Conditions—Monitoring of Electronic Devices—Less Restrictive Means to Achieve a Legitimate Purpose.

Fontanari v. Colorado Mined Land Reclamation Board.

2023 COA 15. No. 21CA1021. Colorado Mined Land Reclamation Board Rule 3.03.2(6)(a)—Colorado Division of Reclamation, Mining and Safety—Release of Performance Bonds or Deposits—Colorado Administrative Procedure Act—Adjudicatory Hearing.

Air Solutions, Inc. v. Spivey.

2023 COA 14. No. 2020CA1998. Breach of Contract—Promissory Estoppel—Unjust Enrichment—Remedies—Damages—Specific Performance—Declaratory Judgments.

People v. Omar.

2023 COA 13. No. 20CA1607. Sentencing—Jurisdiction—Youthful Offender System—Revocation—Remedies.

People v. Vigil.

2023 COA 12. No. 20CA0090. Sentencing—Probation Conditions—Revocation—Postconviction Remedies—Fifth Amendment Right Against Self-Incrimination.

Colorado Stormwater Council v. Water Quality Control Division.

2023 COA 11. No. 21CA1781. Colorado Department of Public Health and Environment—Permits—State Administrative Procedure Act—Judicial Review—Exhaustion of Administrative Remedies.

San Juan Hut Systems, Inc. v. Board of County Commissioners.

2023 COA 10. No. 21CA1525. Counties—Regulation of Vehicles and Traffic—Right to Restrict Highway Use—Snow-Packed Conditions—Standing—Mootness—Statutory Authority.

United States v. Salti.

No. 21-3183. 2/6/2023. D.Kan. Judge Hartz. Restitution—Joint and Several Liability.

Johnson v. People.

2023 CO 7. No. 21SC665. Statutory Interpretation—Waiver—Forfeiture—Plain Error—Plain Meaning—Jury Instructions—Constitutional Vagueness—Sufficiency of the Evidence.

People v. Storey.

No. 20PDJ063. 11/10/2022. Opinion on Remand Imposing Sanctions.

Spurlock v. People.

No. 22PDJ046. 1/3/2023. Stipulation to Reinstatement.

McGannon v. People.

No. 22PDJ009. 1/10/2023. Opinion Granting Reinstatement.

People v. Grewe.

No. 22PDJ037. 12/27/2022. Stipulation to Discipline.

People v. Braden.

No. 22PDJ065. 1/10/2023. Stipulation to Discipline.

Betterton-Fike v. People.

No. 21PDJ079. 5/13/2022. Opinion Denying Reinstatement.

Pinnacol Assurance v. Laughlin.

2023 COA 9. No. 21CA1678. Garnishments—Exemptions—Social Security Benefits—Child Support Payments—Custodial Accounts—Commingled Funds.

Scardina v. Masterpiece Cakeshop, Inc.

2023 COA 8. No. 21CA1142. Colorado Anti-Discrimination Act—Discrimination in Places of Public Accommodation—Failure to Exhaust Administrative Remedies—First Amendment—Freedom of Speech—Freedom of Religion.

People v. Randolph.

2023 COA 7. No. 20CA0174. Soliciting for Child Prostitution—Mens Rea—Knowingly—Sufficiency of Evidence—Expert Testimony.

United States v. Coulter.

No. 21-6118. 1/18/2023. W.Okla. Judge Matheson. Conspiracy to Commit Sex Trafficking—Child Sex Trafficking—Sufficiency of Evidence—Testimony—Improper Bolstering—Post-Trial Jury Interactions—Cumulative Error.

United States v. Leib.

No. 21-2136. 1/18/2023. D.N.M. Judge Ebel. US Sentencing Guidelines—Four-Level Enhancement for State Law Offense—Hearsay—Sufficiency of Evidence.

Norwood v. United Parcel Service, Inc.

No. 21-3145. 1/17/2023. D.Kan. Judge Carson. Americans with Disabilities Act—Reasonable Accommodations—Interactive Process.

Citizens for Constitutional Integrity v. United States.

No. 21-1317. 1/10/2023. D.Colo. Judge Hartz. Congressional Review Act—US Congress—Senate Cloture Rule—Statutory Jurisdiction—Standing—Constitutional Challenges

Sagome, Inc. v. Cincinnati Insurance Co.

No. 21-1359. 1/3/2023. D.Colo. Judge Tymkovich. COVID-19 Pandemic—Government Shutdowns of Businesses—Comprehensive General Insurance Coverage—Physical Loss—Civil Authority Coverage.

United States v. Harbin.

No. 21-8038. 12/27/2022. D.Wyo. Judge Murphy. US Sentencing Guidelines—Career Offender—Controlled Substance—Clear or Obvious Error.

People in Interest of L.S.

CO 3. No. 22SA282. Statutory Interpretation—Dependency or Neglect—Burden of Proof.

In the Interest of A.D.

2023 COA 6. No. 22CA0402. Colorado Uniform Guardianship and Protective Proceedings Act—Guardianship of Minor—Judicial Appointment of Guardian—Parents Unwilling or Unable to Exercise Parental Rights—Minor’s Best Interest.

Highlands Broadway OPCO, LLC v. Barre Boss, LLC.

2023 COA 5. No. 21CA1735. Landlords and Tenants—Commercial Leases—Breach of Contract—Force Majeure Clause—Affirmative Defenses—Impossibility of Performance—Frustration of Purpose—Failure to Mitigate Damages.

In re Marriage of Badawiyeh.

2023 COA 4. No. 22CA0174. Dissolution of Marriage—Uniform Child Abduction Prevention Act—Factors to Determine Abduction Risk.

People v. Tennyson.

2023 COA 2. No. 20CA0646. Sentencing—Restitution—Postconviction Remedies— Sentence Imposed in an Illegal Manner.

People v. Cox.

2023 COA 1. No. 19CA2403. Juries—Impasse—Supplemental Instruction When Jurors Fail to Agree—Speedy Trial—State Court Jurisdiction.

People v. Karwacki.

2023 COA 3. No. 21CA0094. Probation Revocation Proceedings—Motion to Disqualify—Appearance of Partiality.

McMichael v. Encompass PAHS Rehabilitation Hospital, LLC.

2023 CO 2. No. 22SA264. Civil Procedure.

Nelson v. Encompass PAHS Rehabilitation Hospital, LLC.

2023 CO 1. No. 22SA195. Civil Procedure.

United States v. Samilton.

No. 21-6150. 12/20/2022. W.D.Kan. Judge Matheson. Fourth Amendment Search and Seizure—Investigatory Stop—Reasonable Suspicion—Motion to Suppress.

United States v. Nevarez.

No. 21-1286. 12/19/2022. D.Colo. Judge Baldock. Speedy Trial Act—COVID-Related Time Delay—US Sentencing Guidelines—Offense Level Reduction for Acceptance of Responsibility.

Shields v. Professional Bureau of Collections of Maryland, Inc.

No. 20-4053. 12/16/2022. D.Kan. Judge Tymkovich. Student Loans—Collection Notices—Fair Debt Collection Practices Act—Standing—Concrete Injury.

Wells Fargo Bank, N.A. v. Stewart Title Guaranty Co.

Nos. 21-4111 & 21-4115. 12/12/2022. D.Utah. Judge Bacharach. Title Insurance—Title Defect—Valuation of Loan Collateral—Prejudgment Interest.

Mahdi v. Salt Lake Police Department.

No. 21-4102. 12/5/2022. D.Utah. Judge Hartz. High-Speed Chase—Fourteenth Amendment Substantive Due Process—Excessive Force—Failure to Train or Supervise Employees—Qualified Immunity.

United States v. Kearn.

No. 22-3068. 12/2/2022. D.Kan. Judge Phillips. Collateral Proceedings—Ineffective Assistance of Counsel—Change of Plea—Resentencing—Appellate Jurisdiction.

Hicks v. Colorado Hamburger Co.

2022 COA 149. No. 22CA0968. Class Actions—Class Certification—CRCP 23—Proof of Liability and Damages.

Adams County Housing Authority v. Panzlau.

2022 COA 148. No. 21CA1972. Code of Judicial Conduct—Colorado Governmental Immunity Act—CRCP 97—Successive Motions to Recuse—Judge’s Former Law Firm—Stay of Proceedings.

Turoff v. Itachi Capital, Inc.

2022 COA 147. No. 21CA0825. Colorado Uniform Arbitration Act—Colorado Rules of Civil Procedure—Appellate Jurisdiction.

People in the Interest of A.S.L.

2022 COA 146. No. 22CA0723. Dependency and Neglect—Allocation of Parental Responsibilities—Out-of-Home Placement—Reasonable Efforts to Reunify the Family.

Creekside Endodontics, LLC v. Sullivan.

2022 COA 145. No. 21CA1615. Defamation— Anti-SLAPP Statute—First Amendment Rights—Special Motion to Dismiss.

People v. Garcia.

2022 COA 144. No. 20CA1697. Due Process—Right to an Impartial Jury—Voir Dire—Confrontation Clause—Public Policy Considerations—Trial Proceedings—COVID-19— Face Masks.

People v. Knisley.

2022 CO 59. No. 22SA290. Judicial Testimony—Witness in a Separate Proceeding—Motion to Quash a Subpoena.

Kulmann v. Salazar.

2022 CO 58. No. 22SC135.  Statutory Interpretation—Municipal Government—Election Law.

Brown v. Walker Commercial, Inc.

2022 CO 57. No. 21SC390.  Limitation of Actions—Municipal Corporations—Courts—Review—Certiorari.

Woo v. El Paso County Sheriff’s Office.

2022 CO 56. No. 20SC865. Motion for Return of Lawfully Seized Property—Ancillary Jurisdiction of Trial Court Over Motion for Return of Property Following Sentencing—Morrow Test for Ancillary Jurisdiction—CGIA Immunity from Civil Replevin in Detention Actions—Constitutional Due Process Protection Against Erroneous Deprivation of Property.

People in Interest of E.B.

2022 CO 55. No. 22SC213. Parental Rights—Due Process—Actual Prejudice—Continuance.

Roane v. Archuleta.

No. 22CA0204. 2022 COA 143. Colorado Open Records Act—Public Records Request—Allowance or Denial of Inspection—Disclosure and Discovery.

People v. Martinez.

No. 21CA0883. 2022 COA 142. Probation—Restitution—Payment Schedule—Good Cause for Probation Extension.

Nguyen v. Lai.

2022 COA 141. No. 21CA0418. Uniform Dissolution of Marriage Act—Declaration of Invalidity—Property Disposition.

People v. Johnson.

2022 COA 139. No. 20CA0764. Enticement of a Child—Insufficient Evidence—CRE 404(b).

People v. Di Asio.

2022 COA 140. No. 20CA2096. Sealing of Criminal Justice Records—Plea Agreements—Waiver.

Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition

People v. Stern.

No. 22PDJ007. 9/7/2022. Opinion Imposing Sanctions.

People v. Lewis.

No. 21PDJ076. 8/29/2022. Opinion Imposing Sanctions.

People v. English.

No. 21PDJ030. 4/4/2022. Opinion Imposing Sanctions.

Del Valle v. California Casualty Indemnity Exchange.

2022 COA 138. Nos. 21CA1916 & 22CA0285. Automobile Insurance Policies—Medical Payments Coverage—Workers’ Compensation Exclusions—MedPay Statute.

Mother Doe v. Wellbridge Club Management LLC.

2022 COA 137. No. 21CA1299. Contracts—Exculpatory Agreements—Premises Liability—Negligence.

People v. Ryan.

2022 COA 136. No. 19CA0172. Domestic Violence—Habitual Domestic Violence Offender—Sentencing—Penalty Enhancers—Prior Convictions.

United States v. Gregory.

No. 20-3232. 11/14/2022. D.Kan. Judge Hartz. Conspiracy to Commit Bank Fraud—Bank Fraud—Making False Bank Entries—Motion for Judgment of Acquittal—Sufficiency of the Evidence—Motion for New Trial—Prosecutorial Misconduct.

Surat v. Klamser.

No. 21-1284. 11/9/2022. D.Colo. Judge McHugh. Qualified Immunity—Summary Judgment—Disputed Issues of Material Fact.

Vincent v. Nelson.

No. 20-8030. 10/27/2022. D.Wyo. Judge Holmes. Wyoming Workers’ Compensation Act—Liability—Motion to Compel—Motion for New Trial—Expert Witness Testimony—Evidentiary Rulings—Affidavits.

United States v. Herrera.

No. 19-2126. 10/27/2022. D.N.M. Judge Bacharach. Violent Crimes in Aid of Racketeering Act—Suppression of Evidence—Prior Bad Acts—Severance of Counts—Severance of Trials—Continuances—Non-Jurisdictional Constitutional Challenge—Impeachment Evidence—Cumulative Error.

Zapata-Chacon v. Garland.

No. 20-9645. 10/25/2022. B.I.A. Judge McHugh. Conditional Permanent Resident—Removal—Reopen or Review Case—Reinstatement of Removal Order—Jurisdiction.

People v. Cline.

2022 COA 135. No. 20CA1121. Second Degree Assault of a Police Officer—Subpoena—Motion to Quash—In Camera Review—Jury Instructions—Use of Deadly Physical Force Against an Intruder—Unlawful Entry.

People v. Salah.

2022 COA 134. No. 2019CA0180. Sentencing—Sex Offender Intensive Supervision Probation—Right of Familial Association.

Jagged Peak Energy Inc. v. Oklahoma Police Pension and Retirement System.

2022 CO 54. No. 21SC334. Securities Regulation—Failure to State a Claim—Materiality.

People v. Stanton Jr.

No. 22PDJ055. 10/4/2022. Stipulation to Discipline.

Hyde v. People.

No. 21PDJ013. 3/3/2022. Opinion Denying Restatement.

People in the Interest of S.Z.S.

2022 COA 133. No. 22CA0305. Dependency and Neglect—Termination of Parent-Child Legal Relationship—Americans with Disabilities Act—Reasonable Accommodations.

People v. Fillerup.

Nos. 22PDJ010 & 22PDJ023. 9/29/2022. Opinions Imposing Sanctions.

Anschutz v. Department of Revenue.

2022 COA 132. No. 21CA1242. Colorado Income Tax Act of 1987—Federal Taxable Income—Coronavirus Aid, Relief, and Economic Security Act—Excess Business Loss.

People v. Coakley.

No. 22PDJ058. 10/10/2022. Stipulation to Discipline.

People v. Amundson.

No. 22PDJ028. 10/4/2022. Stipulation to Discipline.

People v. Solis.

2022 CO 53. No. 22SA200. Motion to Disqualify District Attorney—CRS § 20-1-107(2)—Special Circumstances.

Amaya v. Industrial Claim Appeals Office.

2022 COA 131. No. 22CA0467. Workers’ Compensation Death Benefits—Multiple Dependents—Apportionment—Lump Sum Compensation—Proportionate Share.

R.W. v. People.

2022 CO 51. No. 22SC86. Dependency, Permanency, and Termination Factors—Children in Need of Aid—“Home State” of Child—Removal to Another State.

Colorado Judicial Department v. Colorado Judicial Department Personnel Board of Review.

2022 CO 52. No. 21SC548. Colorado Judicial System Personnel Rules—CRCP 106(a)(4) Review—Judicial Department Employee Discipline.

Environmental Defense Fund v. Colorado Department of Public Health.

2022 COA 130. No. 21CA2032. Public Health and Environment—HB 19-1261—SB 19-096—Agency Rules and Regulations—Greenhouse Gas Emissions—Data Collection.

Home Improvement, Inc. v. Villar.

2022 COA 129. No. 21CA1241. Civil Procedure—Service of Process—Service by Mail—Service by Publication—Address—Last Known Address.

Education ReEnvisioned BOCES v. Colorado Literacy and Learning Center.

2022 COA 128. No. 21CA0708. Boards of Cooperative Services Act of 1965—BOCES—Location of Facilities.

People v. Black.

2022 COA 127. No. 19CA0395. First Degree Murder—Conspiracy to Commit First Degree Murder—Venue—Severance—Right to Public Trial—Trivial Courtroom Closure.

Atlas Biologicals, Inc. v. Kutrubes.

No. 20-1401. 10/11/2022. D.Colo. Judge Holmes. Ancillary Jurisdiction—Declaratory Relief—Standing—Stock Transfers.

Save the Colorado v. Spellmon.

No. 21-1155. 9/30/2022. D.Colo. Judge Bacharach. Federal Energy Regulatory Commission License—US Army Corps of Engineers Permit—District Court—Federal Court of Appeals—Jurisdiction.

United States v. Winrow.

No. 21-6069. 9/27/2022. W.D.Okla. Judge Bacharach. Armed Career Criminal Act—Categorical Approach—Modified Categorical Approach.

Parker v. United Airlines, Inc.

No. 21-4093. 9/26/2022. D.Utah. Judge Bacharach. Family and Medical Leave Act—Retaliation—Pretext—Causal Chain—Independent Investigation.

People in the Interest of Joergensen.

2022 COA 126. No. 22CA0291. Competency to Proceed—Involuntary Administration of Medication—Sell Test—Procedure After Determination of Competency or Incompetency.

Ute Water Conservancy v. Fontanari Jr.

2022 COA 125. No. 20CA2132 & 21CA0135. Easements—Unreasonable Interference—Breach of Contract—Declaratory Relief—Injunctive Relief—Damages—Costs.

People v. Robinson.

2022 COA 124. No. 19CA1768. Insurance Fraud—Double Jeopardy—Multiplicity—Testimony.

L.S.S. v. S.A.P.

2022 COA 123. No. 21CA0853. Anti-SLAPP Statute—Special Motion to Dismiss—Defamation—False Claim of Child Abuse—Extreme and Outrageous Conduct.

People v. Dhyne.

2022 COA 122. No. 20CA1565. Fourth Amendment—Search Warrant—Multiple Occupancy Structures—Common Use or Occupation Exception.

DiPietro v. Coldiron.

2022 COA 121. Nos. 22CA0740 & 22CA0815. Colorado Open Records Act—Denial of Records Inspections—Attorney-Client Privilege—Deliberative Process Privilege—Person in Interest.

People in the Interest of E.B.

2022 COA 120. No. 21CA1055. Dependency and Neglect—Termination of the Parent-Child Legal Relationship—Placement with Family Members—Final Appealable Order.

People v. Romero.

2022 COA 119. No. 20CA0143. Juries—Peremptory Challenges—Batson Challenges.