From the Courts
Colorado Court Case Summaries
Mulberry Frontage Metropolitan District v. Sunstate Equipment Co.
2023 COA 66. No. 22CA0680. Eminent Domain—Owner Attorney Fees—Lessee Attorney Fees.
July 13, 2023
Gomez v. Walker.
2023 COA 65. No. 22CA0463. Limitation of Actions—General Limitation of Actions—More Recent Specific Statute—Computation of Time.
July 13, 2023
Cuevas v. Public Service Co. of Colorado.
2023 COA 64. No. 22CA0301. Public Utilities—Tariff Sheet No. R87 of Electric Tariff—High-Voltage Safety Act Violation—Attorney Fees and Costs.
July 13, 2023
In re Marriage of Bochner.
2023 COA 63. No. 22CA0441. Uniform Dissolution of Marriage Act—Modification of Court-Appointed Decision-Maker’s Decision—De Novo Hearing—Attorney Fees.
July 6, 2023
Rosten v. Industrial Claim Appeals Office.
2023 COA 62. No. 22CA1663. Workers’ Compensation—Medical Impairment Benefits—Final Admission of Liability—Division-Sponsored Independent Medical Examination—Records-Only Review—Impeachment Testimony.
June 29, 2023
Alderman v. Colorado State University.
2023 COA 61. No. 22CA1140. Colorado State University System Board of Governors—Temporary Suspension in Case of Fire, Fatal Diseases, or Unforeseen Calamity—Contracts—Quantum Meruit—Unjust Enrichment.
June 29, 2023
City and County of Denver v. Monaghan Farms, Inc.
2023 COA 60. No. 22CA0956. Eminent Domain—Condemnation—Settlement Agreement—Fee Simple Absolute—Possibility of Reverter.
June 29, 2023
Jansma v. Colorado Department of Revenue, Motor Vehicle Division.
2023 COA 59. No. 22CA0761. vocation of Driver’s License Based on Administrative Determination—Probable Cause to Believe Person Should Be Subject to License Revocation for Excess BAC or Refusal—Express Consent Affidavit—Burden of Proof.
June 29, 2023
People v. Garcia.
2023 COA 58. No. 21CA0834. Sixth Amendment Right to Public Trial—Waiver—Due Process—Charging Instruments—Constructive Amendment—Prosecutorial Misconduct—Surcharges and Fees.
June 29, 2023
Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition
Second Quarter
June 29, 2023
People v. Parker.
No. 23PDJ024. 5/17/2023. Stipulation to Discipline.
June 29, 2023
People v. Musselman.
No. 23PDJ025. 5/19/2023. Stipulation to Discipline.
June 29, 2023
People v. McGarvey.
No. 23PDJ023. 5/19/2023. Stipulation to Discipline.
June 29, 2023
People v. Marcus.
No. 23PDJ020. 5/2/2023. Stipulation to Discipline.
June 29, 2023
People v. Lund-Brown.
No. 22PDJ059. 4/6/2023. Opinion Imposing Sanctions.
June 29, 2023
People v. Layton.
No. 22PDJ032. 4/19/2023. Opinion Imposing Sanctions.
June 29, 2023
People v. Kazazian.
No. 21PDJ031. 3/3/2023. Opinion Imposing Sanctions.
June 29, 2023
People v. Healy.
No. 23PDJ008. 5/1/2023. Stipulation to Discipline.
June 29, 2023
People v. Grassby.
No. 23PDJ006. 5/4/2023. Stipulation to Discipline.
June 29, 2023
People v. Bush.
No. 23PDJ002. 5/15/2023. Stipulation to Discipline.
June 29, 2023
People v. White.
2023 CO 43. Search and Seizure—Investigatory Stops—Scope and Character of the Intrusion Related to the Investigative Purpose—Consent to Provide a Blood Sample.
June 26, 2023
United States v. McGirt.
No. 22-7048. Attempted Second Degree Murder—US Sentencing Guidelines—Aggravated Assault and Battery—Crime of Violence.
June 20, 2023
United States v. Spaeth.
No. 21-3096. Sixth Amendment Right to Counsel—Plea Agreement—28 USC § 2255 Motion—Pre-Plea Constitutional Claims.
June 12, 2023
United States v. Freeman.
No. 22-2039. Sexual Abuse—Sufficiency of Evidence—Jury Instructions on Offense Elements—Peremptory Challenges—Harmless Error.
June 9, 2023
McAuliffe v. Vail Corp.
No. 21-1400. 6/6/2023. D.Colo. Judge McHugh. Class Action—Dismissal with Prejudice—Implied Covenant of Good Faith and Fair Dealing—Unjust Enrichment—Money Had and Received—Breach of Contract—Breach of Warranty—State Consumer Protection Claims.
June 6, 2023
M Welles and Associates, Inc. v. Edwell, Inc.
No. 22-1248. 5/31/2023. D.Colo. Judge Ebel. Trademark Infringement—Unfair Competition—Likelihood of Confusion Factors—Motion to Supplement Appellate Record.
May 31, 2023
Rule Change 2023(12)
Rules Governing Admission to the Practice of Law in Colorado.
June 15, 2023
Rule Change 2023(11)
Rules Governing Lawyer Discipline and Disability Proceedings, Protective Appointment of Counsel, Continuing Legal and Judicial Education, Attorneys’ Fund for Client Protection, and Lawyer Assistance Programs. Rules 252.1, 252.2, 252.3, 252.4, 252.5, 252.6, 252.7, 252.8, 252.9, 252.10, 252.11, 252.12, 252.13, 252.14, 252.15, 252.16, and 252.17.
June 15, 2023
Hagerty v. Luxury Asset Capital, LLC.
2023 COA 57. No. 22CA0916. Uniform Commercial Code—Construction of Contracts—Warranty of Title—Goods Sold “As Is” and Without Express or Implied Warranties.
June 22, 2023
People v. Neustel.
2023 COA 56. No. 20CA1710. Sexual Exploitation of a Child—Sexual Assault on a Child—Sexually Violent Predators—Victim—Fictional Persona.
June 22, 2023
People v. Vanderpauye.
2023 CO 42. No. 21SC771. Self-Serving Hearsay—Excited Utterance Hearsay Exception—CRE 803(2)—CRE 403—Harmless Error.
June 20, 2023
Garcia v. People.
2023 CO 41. No. 21SC473. Double Jeopardy—Multiple Prosecutions—Simultaneous Proceedings—Multiplicity.
June 20, 2023
In re People v. Smith.
2023 CO 40. No. 23SA2. Constitutional Interpretation—Right to Bail—Capital Offenses Exception.
June 20, 2023
Aurora Public Schools v. A.S.
2023 CO 39. No. 22SC824. Statutes—Constitutional Law Retroactivity—Statutes of Limitation.
June 20, 2023
People v. McLaughlin.
2023 CO 38. No. 21SC506. Criminal Law—Colorado Rules of Evidence—Rule of Completeness—Self-Serving Hearsay—Impeachment of a Hearsay Declarant.
June 20, 2023
Wise v. Dejoy.
No. 21-1224. Rehabilitation Act—Failure to Accommodate—Retaliation—Pretext—Summary Judgment.
June 16, 2023
Estate of Liebe.
2023 COA 55. No. 22CA1076. Inter Vivos Gifts—Transfer of Vehicle Title.
June 15, 2023
Tremitek, LLC v. Resilience Code, LLC.
2023 COA 54. No. 22CA1009. Commercial Leases—Tenant’s Breach of Lease—Liquidated Damages Provision—Landlord’s Duty to Mitigate Damages.
June 15, 2023
Brennan v. Broadmoor Hotel Inc.
2023 COA 55. Brennan v. Broadmoor Hotel Inc. Brennan v. Broadmoor Hotel Inc.
June 15, 2023
Pellegrin v. People.
2023 CO 37. No. 21SC796. Multiple Sentences or Punishments—Merger of Offenses—Statutory Interpretation—Offenses and Penalties—Jury Trial Right—Factors Enhancing Sentence.
June 12, 2023
People v. Smiley.
2023 CO 36. No. 22SA350. Custodial Interrogation—Miranda Rights—Self-Incrimination—Waiver—Voluntariness.
June 12, 2023
Orellana-Leon v. People.
2023 CO 34. No. 21SC340. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child.
June 12, 2023
Chirinos-Raudales v. People.
2023 CO 33. No. 21SC325. Criminal Law—Child Hearsay Statute—Sexual Assault on a Child—Concurrent Sentences—Identical Evidence.
June 12, 2023
People v. Kelley.
2023 CO 32. No. 22SA874. Physician-Patient Privilege—Waiver—Involuntary Intoxication.
June 5, 2023
State v. Hill.
2023 CO 31. No. 22SC119. Standing—Declaratory Judgment.
June 5, 2023
Garcia v. People.
2023 CO 30. No. 21SC564. Jury Instruction—First-Degree Murder—Extreme Indifference Murder—Universal Malice.
June 5, 2023
Colorado v. International Ass’n of Firefighters.
2023 COA 52. No. 22CA0988. Public Integrity Statute—Attorney General—CRCP 24—Intervention as of Right—Permissive Intervention.
June 8, 2023
In re Marriage of James.
2023 COA 51. No. 22CA0232. Magistrate Rules—Authority to Consider Petition for Rehearing—Motion for Reconsideration—Colorado Rules of Appellate Procedure—Running of Time for Filing Notice of Appeal.
June 8, 2023
People v. Bialas.
2023 COA 50. No. 21CA1645. Sixth Amendment—Right to Public Trial—Trivial Courtroom Closures—Waller Test.
June 8, 2023
People v. Babcock.
2023 COA 49. No. 20CA1678. Sentencing—Restitution—Procedural Deadlines—Waiver—Subject Matter Jurisdiction—Sufficiency of Evidence.
June 8, 2023
802 East Cooper v. Z-GKids.
2023 COA 48. No. 22CA0700. Common Interest Communities—Land Use Code—Floor Area Ratio—Condominium Declaration.
June 1, 2023
People v. Gallegos.
2023 COA 47. No. 21CA0976. Affirmative Defenses—Admission Rule—Felony Murder—Credible Evidence —Complicity Instruction—Prosecutorial Misconduct—Cumulative Error.
June 1, 2023
People v. Snedeker.
2023 COA 46. Sentencing—Probation.
June 1, 2023
People v. Toro-Ospina.
2023 COA 45. No. 20CA2145. Juries—Peremptory Strikes—Juror Questionnaires—Implicit Bias Instructions—Character Evidence—Prosecutorial Misconduct—Cumulative Error.
June 1, 2023
United States v. Brooks.
No. 21-6059. 5/22/2023. W.D.Okla. Judge Seymour. Attempted Second Degree Murder—US Sentencing Guidelines—Aggravated Assault and Battery—Crime of Violence.
May 22, 2023
Mukantagara v. US Department of Homeland Security.
No. 21-4144. 5/16/2023. D.Utah. Judge Carson. US Refugee Status—Termination of Refugee Status—Removal Proceedings—8 USC § 1252(b)(9).
May 16, 2023
D.K. v. United Behavioral Health.
No. 21-4088. 5/15/2023. D.Utah. Judge Lucero. Insurance Coverage Denials—Mental Health Treatment—Arbitrary and Capricious—Employee Retirement Income Security Act—Fiduciary Duties.
United States v. Faunce.
No. 22-4019. 5/9/2023. D.Utah. Judge Bacharach. Supervised Release—Revocation—Constructive Amendment of Revocation Petition—Due Process—Remote Testimony—Fed. R. Crim. P. 32.1(b)(2)(C).
May 9, 2023
Helvie v. Jenkins.
No. 22-1187. 5/9/2023. D.Colo. Judge Ebel. Traffic Stop—Fourth Amendment—Qualified Immunity—Summary Judgment.
May 9, 2023
United States v. Porter.
No. 22-1134. 5/2/2023. D.Colo. Judge Kelly. Warrantless Search—Abandonment of Property—Motion to Suppress—Fourth Amendment Privacy Expectation.
May 2, 2023
Heights Healthcare Co. v. BCER Engineering, Inc.
2023 COA 44. No. 21CA0906. Construction Defect Action Reform Act—Homeowner Protection Act of 2007—Limitation of Damages—Breach of Contract—Negligence.
May 25, 2023
People v. Johnson.
2023 COA 43. No. 21CA0669. Sentencing—Restitution—Procedural Deadlines—Good Cause to Extend Trial Court’s Deadline—Due Process.
May 25, 2023
In re Marriage of Medeiros.
2023 COA 42. No. 21CA1317. Dissolution of Marriage—Permanent Orders—Motion to Reopen Evidence—Changed Economic Circumstances—Valuation of Marital Estate.
May 18, 2023
Heidel v. Rio Blanco County Sheriff’s Office.
023 COA 41. No. 21CA0370. Wrongful Death—Colorado Governmental Immunity Act—Waiver of Immunity—Jail Operation.
May 18, 2023
Educhildren v. County of Douglas Board of Equalization.
2023 CO 29. No. 22SC799. Property Taxation—Unusual Conditions—Assessment Date—Commercial Property—Statutory Interpretation—COVID-19—Public Health Orders.
May 30, 2023
1303 Frontage Holdings LLC v. Larimer County Board of Equalization.
2023 CO 28. No. 22S800. Property Taxation—Unusual Conditions—Assessment Date—Commercial Property—Taxpayer Standing—Statutory Interpretation—COVID-19—Public Health Orders.
May 30, 2023
Hunter Douglas Inc. v. City and County of Broomfield Board of Equalization.
2023 CO 27. No. 22SC797. Property—Taxation—COVID-19.
May 30, 2023
MJB Motels LLC v. County of Jefferson Board of Equalization.
2023 CO 26. No. 22SC798. Property—Taxation—COVID-19.
May 30, 2023
Rule Change 2023(10)
Rules Governing Admission to the Practice of Law in Colorado
May 25, 2023
In re Arvada Village Gardens, LP v. Garate.
2023 CO 24. No. 23SA34. Forcible Entry and Detainer—Statutory Interpretation—Federal Preemption.
May 15, 2023
State v. Center for Excellence in Higher Education, Inc.
2023 CO 23. No. 21SC781. Colorado Consumer Protection Act—Colorado Uniform Consumer Credit Code—Right to Jury Trial—Evidence of Unconscionability.
May 15, 2023
Liggett v. People.
2023 CO 22. No. 21SC395. Insanity—Self-Incrimination—Miranda v. Arizona—Privileged Communications and Confidentiality.
May 15, 2023
Macasero v. Ent Credit Union.
2023 COA 40. No. 21CA1421. Contracts—Arbitration Provision—Constructive Notice—Email Correspondence.
May 4, 2023
People v. Nozolino.
2023 COA 39. No. 20CA2167. Postconviction Remedies—Postconviction Counsel—Crim. P. 35(c)(3)(IV) and (V).
May 4, 2023
People v Perkins.
2023 COA 38. No. 20CA0882. Arson—National Fire Protection Association Guide for Fire and Explosion Investigations—Expert Testimony—Shreck Hearing
May 4, 2023
In re Thompson.
2023 CO 21. No. 23SA18. Code of Judicial Conduct Canon Rules 1.1, 1.2, 2.8, and 2.11.
May 15, 2023
Front Range Feedlots, LLC v. Rein.
2023 CO 20. Nos. 22SA211 & 21SA138. Water Law—Authority of State Engineer—Mandatory Injunction by Water Court.
May 1, 2023
People v. Wake.
No. 22PDJ061. 3/23/2023. Opinion Imposing Sanctions.
May 1, 2023
People v. Swingle.
No. 23PDJ017. 4/14/2023. Reciprocal Discipline.
May 1, 2023
People v. Sawaya.
No. 23PDJ012. 4/17/2023. Stipulation to Discipline.
May 1, 2023
People v. Nelson.
No. 22PDJ068. 3/23/2023. Reciprocal Discipline.
May 1, 2023
People v. Morales.
No. 22PDJ066. People v. Morales. 4/20/2023. Stipulation to Discipline.
May 1, 2023
People v. Hoff.
No. 22PDJ070. 3/23/2023. Reciprocal Discipline.
May 1, 2023
People v. Hibberd.
No. 23PDJ013. 3/30/2023. Stipulation to Discipline.
May 1, 2023
People v. Farr.
No. 23PDJ015. 4/13/2023. Stipulation to Discipline.
May 1, 2023
People in the Interest of A.T.C.
2023 CO 19. No. 22SA323. Juveniles—Competency to Stand Trial—Statutory Interpretation—Juvenile Competency.
April 24, 2023
People v. Platteel.
2023 CO 18. No. 22SA384. Colo. Const. art. II § 16a—Victim Rights Act, CRS §§ 24-4.1-300.1 to -305—Victim’s Right to Attend “Critical Stages”—Defendant’s Ability to Compel an Unsubpoenaed Victim Attending a Preliminary Hearing to Testify—McDonald v. District Court, 576 P.2d 169 (Colo. 1978).
April 24, 2023
US Bank National Ass’n v. Silvernagel.
2023 CO 17. No. 21SC836. Statute of Limitations—Accrual of Right of Action—Acceleration of Debt.
April 24, 2023
In re Timbreza.
2023 CO 16. No. 22SA194. Imposition of Discipline for Violation of Judicial Duties.
April 24, 2023
The Gazette v. Bourgerie.
2023 COA 37. No. 21CA1880. Colorado Peace Officer Standards and Training Board—Records Requests—Colorado Criminal Justice Records Act—Colorado Open Records Act—Criminal Justice Agency—Criminal Justice Records—Records Custodian Discretion.
April 27, 2023
People v. Grudznske.
2023 COA 36. No. 19CA1928. Extreme Indifference First Degree Murder—Vehicular Homicide (DUI)—Attempted Extreme Indifference First Degree Assault—Attempted Vehicular Assault (DUI)—Equal Protection—Motion to Suppress Blood Draw Results—Jury Instructions—Admission of Evidence—Cumulative Error.
April 27, 2023
United States v. Griffith.
No. 22-7005. 4/18/2023. E.D.Okla. Judge Bacharach. Sexual Abuse of a Minor—Sexual Abuse of an Adult by Non-Fatal Threat—Expert Witness Testimony on Credibility—Fed. R. Evid. 803(4).
April 18, 2023
United States v. Hunsaker.
No. 22-7016. 4/18/2023. E.D.Okla. Judge Baldock. US Sentencing Guideline § 3B1.1(b)—Sentence Enhancement—Manager or Supervisor.
April 18, 2023
DIRTT Environmental Solutions, Inc. v. Falkbuilt Ltd.
Nos. 21-4078 & 21-4153. 4/11/2023. D.Utah. Judge Baldock. Forum non Conveniens—Available Alternative Forum—Conflict with Federal Sentencing Policy.
April 11, 2023
Graff v. Aberdeen Enterprizes, II, Inc.
No. 21-5031. 4/10/2023. N.D.Okla. Judge Murphy. Subject Matter Jurisdiction—Rooker-Feldman Doctrine—Heck Doctrine—Younger Abstention—42 USC § 1983—Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC §§ 1961 to 1968—Oklahoma State Court Proceedings.
April 10, 2023
Safeway Stores 46, Inc. v. WY Plaza, L.C.
Nos. 20-8064 & 20-8066. 4/7/2023. D.Wyo. Judge Bacharach. Contracts—Unilateral Mistake—Declaratory Judgment—Restitution—Summary Judgment—Laches—Attorney Fees.
April 7, 2023
United States v. Booker.
No. 22-7000. 3/28/2023. E.D.Okla. Judge Ebel. Supervised Release—Probation Violation—Revocation—Need for Retribution.
March 28, 2023
Notice of Public Hearing and Request for Comments: Colorado Rules of Professional Conduct
Deadline to submit Comments: September 5, 2023 at 4 p.m. | Deadline to request to Speak at Public Hearing: September 12, 2023 at 4 p.m.
April 27, 2023
In re Marriage of O’Connor.
2023 COA 35. No. 21CA1695. Grandparental Visitation Rights—Troxel Presumption—Attorney Fees.
April 20, 2023
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