From the Courts
Colorado Court Case Summaries
Rule Change 2023(09)
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 241, 241.1, 242.3, 250, 250.1, 250.2, 250.3, 250.6, 250.7, 250.8, 250.9, and 250.10.
April 13, 2023
People v. Davis.
2023 CO 15. No. 21SC388. Sixth Amendment—Right to Counsel—Prejudice in General.
April 10, 2023
People v. Rainey.
2023 CO 14. No. 21SC285. Sixth Amendment—Right to Counsel—Prejudice in General.
April 10, 2023
Rule Change 2023(08)
Appendix 2 to Chapters 18 to 20 Colorado Licensed Legal Paraprofessional Rules of Professional Conduct. Rules 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.15A, 1.15B, 1.15C, 1.15D, 1.15E, 1.16, 1.16A, 1.17, 1.18, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4.1, 4.2, 4.3, 4.4, 4.5, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 6.1, 6.2, 6.3, 6.4, 6.5, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2, 8.3, 8.4, 8.5, and 9.
April 13, 2023
Rule Change 2023(07)
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
April 6, 2023
USIC Locating Services LLC v. Project Resources Group Inc.
2023 COA 33. No. 22CA0138. CRCP 12(b)(6)—CRCP 19—Joinder of Parties—CRCP 41(a)(1)(A)—Voluntary Dismissal—Attorney Fees.
April 6, 2023
Madalena v. Zurich American Insurance Co.
2023 COA 32. No. 21CA1780. Administrative Law—Workers’ Compensation—Bad Faith Breach of Insurance Contract—Issue Preclusion—Claim Preclusion.
April 6, 2023
Rule Change 2023(06)
Rules Governing Admission to the Practice of Law in Colorado. Rules 207, 207.1, 207.2, 207.3, 207.4, 207.5, 207.6, 207.7, 207.8, 207.9, 207.10, 207.11, 207.12, 207.13, and 207.14
March 23, 2023
Fear v. GEICO Casualty Co.
2023 COA 31. No. 21CA2023. Motor Vehicles—Uninsured/Underinsured Motorist Coverage—Improper Denial of Claims—Damages Calculation.
March 30, 2023
Blakeland Drive Investors, LLP IV v. Taghavi.
2023 COA 30. No. 21CA1957. Toxic Substances—Trespass—Nuisance—Negligence—Damages—Pro Rata Liability.
March 30, 2023
Fontanari v. Snowcap Coal Co.
2023 COA 29. No. 21CA0983. Colorado Surface Coal Mining Reclamation Act—Colorado Mined Land Reclamation Board Review—Judicial Review—Attorney Fees.
March 30, 2023
People v. Larsen.
2023 COA 28. No. 21CA0398. Sixth Amendment—Fourteenth Amendment—Postconviction Remedies—Double Jeopardy—Right to Unanimous Jury Verdict—Due Process—Modified Unanimity Instruction.
March 30, 2023
Rule Change 2023(05)
The Colorado Appellate Rules. Rules 3, 3.1, 3.3, 3.5, 4.2, 10, 12, 25, 32, 39, and 53.
March 23, 2023
Wyo-Ben Inc. v. Haaland.
No. 20-8065. 3/20/2023. D.Wyo. Judge Holmes. Mineral Patent Application Moratorium—Moratorium Exemption—Administrative Procedure Act § 706(1)—Timeliness of Claim—28 USC § 2401(a) Statute of Limitations—Continuing Violation Doctrine—Repeated Violations Doctrine.
March 20, 2023
Western Watersheds Project v. Interior Board of Land Appeals.
No. 20-4120. 3/20/2023. D.Utah. Judge Eid. National Environmental Policy Act—Environmental Assessments—Article III Standing—Expired Permits—43 USC § 1752(c)(2)—Redressable Claims.
March 20, 2023
United States v. Anderson.
No. 21-2151. 3/14/2023. D.N.M. Judge Seymour. US Sentencing Guidelines—Sentencing Enhancement—Reasonable Suspicion—Motion to Suppress—Brady Violation.
March 14, 2023
United States v. Polk.
No. 22-5037. 3/13/2023. D.Okla. Judge Moritz. Assimilative Crimes Act—State Law Punishment—Conflict With Federal Sentencing Policy.
March 13, 2023
United States v. Wesley.
No. 22-3066. 2/28/2023. D.Kan. Judge Tymkovich. Drug Trafficking—US Sentencing Guidelines—Motions Under 28 USC § 2255—Motions Under 18 USC § 3582(c)(1)(A)(i)—Lack of Jurisdiction.
February 28, 2023
Voulgaris v. Array Biopharma, Inc.
No. 22-1003. 2/27/2023. D.Colo. Judge Carson. Federal Securities Class Action—Settlement—Shareholder Objection—Attorney Fees—Factors Affecting Award—Lodestar Calculation.
February 27, 2023
Disciplinary Case Summaries for Matters Resulting in Diversion and Private Admonition
First Quarter
March 31, 2023
Antero Resources v. Airport Land Partners.
2023 CO 13. No. 21SCS33. Statutory Interpretation—Oil and Gas Conservation Act—COGCC Jurisdiction—Payment-of-Proceeds Disputes.
March 27, 2023
People v. Madrid.
2023 CO 12. No. 21SC505. Jury Selection—Racial Discrimination—Batson v. Kentucky—Pretext—Remand Hearings.
March 27, 2023
People v. Morse.
2023 COA 27. No. 21CA1542. Fourth Amendment—Searches and Seizures—Warrantless Search—Motion to Suppress—Private Search Doctrine—Independent Source Doctrine—Sufficiency of Evidence—Admissibility of Evidence.
March 23, 2023
Carter Holdings Inc. v. Carter.
2023 COA 26. No. 21CA1881. Dissolution of Marriage—Real Property—Lis Pendens—Spurious Liens and Documents.
March 16, 2023
Mid-Century Insurance Co. v. HIVE Construction, Inc.
2023 COA 25. No. 21CA1393. Negligence—Willful and Wanton Conduct—Economic Loss Doctrine—Invited Error—Motion for Directed Verdict.
March 16, 2023
People v. Cross.
2023 COA 24. No. 20CA0251. Sentencing—Motion for Continuance—Presentence Report—CRE 403—CRE 404(b)—Hearsay—CRE 803(3).
March 16, 2023
Rule Change 2023(04)
Public Access to Information and Records
March 2, 2023
Colorado State Board of Education v. Brannberg.
2023 CO 11. No. 21SC885. Statutory Interpretation—Judicial Review—Education Law.
March 6, 2023
People v. Willoughby.
2023 CO 10. No. 22SA254. Criminal Law—Miranda—Custody.
March 6, 2023
People v. McDonald.
2023 COA 23. No. 21CA0750. Postconviction Remedies—Sentencing—Illegal Sentence—Proportionality Review.
March 9, 2023
People v. Quillen.
2023 COA 22. No. 20CA1326. Evidence—Hearsay Exceptions—CRE 803(6)—CRE 902(11)—Confrontation Clause—Expert Testimony—Allocution.
March 9, 2023
People v. Serna-Lopez.
2023 COA 21. No. 20CA0227. Double Jeopardy—Multiplicity—Aggravated Robbery—Menacing—Possession of a Controlled Substance—Sentencing—Penalty Enhancers—Modified Unanimity Instruction—Cumulative Errors.
March 9, 2023
People v. Barclay.
No. 22PDJ071. 2/22/2023. Stipulation to Discipline.
March 10, 2023
People v. Cuellar.
2023 COA 20. No. 20CA1375. Sexual Assault—Prior Sexual Assault Evidence—Right to Counsel—Right to Remain Silent—Closing Arguments—Prosecutorial Misconduct—Misstatement of the Law—Denigration of Counsel—Cumulative Error.
March 2, 2023
Torres v. Madrid.
No. 22-2001. 2/17/2023. D.N.M. Judge Hartz. Fourth Amendment—Qualified Immunity—Excessive Force—Clearly Established Law.
February 17, 2023
Harrison v. Envision Management Holding, Inc.
No. 22-1098. 2/9/2023. D.Colo. Judge Briscoe. Employee Retirement Income Security Act—Federal Arbitration Act—Defined Contribution Plan—Plan Document Arbitration Provisions—Effective Vindication Provision—Non-Severability Clause.
February 9, 2023
Markley v. U.S. Bank National Ass’n.
No. 21-1240. 2/8/2023. D.Colo. Judge McHugh. Age Discrimination in Employment Act—Reasonable Accommodations—Interactive Process.
February 8, 2023
United States v. Kahn.
No. 19-8054. 2/3/2023. D.Wyo. Judge Briscoe. Controlled Substances Act—“Knowingly or Intentionally” Mens Rea Requirement—Burden of Proof—Harmless Error.
February 3, 2023
United States v. Doe.
No. 23-9900. 1/20/2023. D.Okla. Judge Tymkovich. Juvenile Justice and Delinquency Prevention Act—First Degree Murder—Transfer to Adult Court—Transfer Factors—Punishment.
January 20, 2023
People v. Justice.
2023 CO 9. Nos. 22SA347 & 22SA348. Court’s Authority to Order Mediation in a Criminal Case—CRS § 16-7-301(1)–(2)—CRS § 16-7-302(1)—CRS § 13-22-311.
February 27, 2023
Bara v. Industrial Claim Appeals Office.
2023 COA 19. No. 22CA0984. Colorado Employment Security Act—Unemployment Benefits—Disqualification—Violation of a Company Rule—COVID-19.Colorado Employment Security Act—Unemployment Benefits—Disqualification—Violation of a Company Rule—COVID-19.
February 23, 2023
Mitton v. Danimaxx of Colorado, Inc.
2023 COA 18. No. 19CA0984. Colorado Dram Shop Act—Civil Liability.
February 23, 2023
Rule Change 2023(03)
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
February 16, 2023
Rule Change 2023(02)
Colorado Rules of Judicial Discipline
January 19, 2023
Colorado Property Tax Administrator v. CO2 Committee, Inc.
2023 CO 8. No. 21SC393. Oil and Gas—Property Taxation—Standing—Statutory Construction.
February 21, 2023
City of Aurora v. Colorado Department of Revenue.
2023 COA 17. No. 21CA1423. Taxation—Cigarette Sales—CRS § 39-22-623(1)(a)(II)(A).
February 16, 2023
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.
February 16, 2023
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.
February 9, 2023
Air Solutions, Inc. v. Spivey.
2023 COA 14. No. 2020CA1998. Breach of Contract—Promissory Estoppel—Unjust Enrichment—Remedies—Damages—Specific Performance—Declaratory Judgments.
February 9, 2023
People v. Omar.
2023 COA 13. No. 20CA1607. Sentencing—Jurisdiction—Youthful Offender System—Revocation—Remedies.
February 9, 2023
People v. Vigil.
2023 COA 12. No. 20CA0090. Sentencing—Probation Conditions—Revocation—Postconviction Remedies—Fifth Amendment Right Against Self-Incrimination.
February 9, 2023
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.
February 2, 2023
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.
February 2, 2023
United States v. Salti.
No. 21-3183. 2/6/2023. D.Kan. Judge Hartz. Restitution—Joint and Several Liability.
February 6, 2023
Johnson v. People.
2023 CO 7. No. 21SC665. Statutory Interpretation—Waiver—Forfeiture—Plain Error—Plain Meaning—Jury Instructions—Constitutional Vagueness—Sufficiency of the Evidence.
February 6, 2023
People v. Storey.
No. 20PDJ063. 11/10/2022. Opinion on Remand Imposing Sanctions.
February 4, 2023
Spurlock v. People.
No. 22PDJ046. 1/3/2023. Stipulation to Reinstatement.
February 4, 2023
McGannon v. People.
No. 22PDJ009. 1/10/2023. Opinion Granting Reinstatement.
February 4, 2023
People v. Grewe.
No. 22PDJ037. 12/27/2022. Stipulation to Discipline.
February 4, 2023
People v. Braden.
No. 22PDJ065. 1/10/2023. Stipulation to Discipline.
February 4, 2023
Betterton-Fike v. People.
No. 21PDJ079. 5/13/2022. Opinion Denying Reinstatement.
February 4, 2023
Pinnacol Assurance v. Laughlin.
2023 COA 9. No. 21CA1678. Garnishments—Exemptions—Social Security Benefits—Child Support Payments—Custodial Accounts—Commingled Funds.
January 26, 2023
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.
January 26, 2023
People v. Randolph.
2023 COA 7. No. 20CA0174. Soliciting for Child Prostitution—Mens Rea—Knowingly—Sufficiency of Evidence—Expert Testimony.
January 26, 2023
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.
January 18, 2023
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.
January 18, 2023
Norwood v. United Parcel Service, Inc.
No. 21-3145. 1/17/2023. D.Kan. Judge Carson. Americans with Disabilities Act—Reasonable Accommodations—Interactive Process.
January 17, 2023
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
January 10, 2023
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.
January 3, 2023
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.
December 27, 2022
People in Interest of L.S.
CO 3. No. 22SA282. Statutory Interpretation—Dependency or Neglect—Burden of Proof.
January 23, 2023
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.
January 19, 2023
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.
January 19, 2023
In re Marriage of Badawiyeh.
2023 COA 4. No. 22CA0174. Dissolution of Marriage—Uniform Child Abduction Prevention Act—Factors to Determine Abduction Risk.
January 12, 2023
People v. Tennyson.
2023 COA 2. No. 20CA0646. Sentencing—Restitution—Postconviction Remedies— Sentence Imposed in an Illegal Manner.
January 12, 2023
People v. Cox.
2023 COA 1. No. 19CA2403. Juries—Impasse—Supplemental Instruction When Jurors Fail to Agree—Speedy Trial—State Court Jurisdiction.
January 12, 2023
People v. Karwacki.
2023 COA 3. No. 21CA0094. Probation Revocation Proceedings—Motion to Disqualify—Appearance of Partiality.
January 12, 2023
McMichael v. Encompass PAHS Rehabilitation Hospital, LLC.
2023 CO 2. No. 22SA264. Civil Procedure.
January 9, 2023
Nelson v. Encompass PAHS Rehabilitation Hospital, LLC.
2023 CO 1. No. 22SA195. Civil Procedure.
January 9, 2023
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.
December 20, 2022
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.
December 19, 2022
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.
December 16, 2022
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.
December 12, 2022
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.
December 5, 2022
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.
December 2, 2022
Hicks v. Colorado Hamburger Co.
2022 COA 149. No. 22CA0968. Class Actions—Class Certification—CRCP 23—Proof of Liability and Damages.
December 29, 2022
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.
December 29, 2022
Turoff v. Itachi Capital, Inc.
2022 COA 147. No. 21CA0825. Colorado Uniform Arbitration Act—Colorado Rules of Civil Procedure—Appellate Jurisdiction.
December 29, 2022
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.
December 22, 2022
Creekside Endodontics, LLC v. Sullivan.
2022 COA 145. No. 21CA1615. Defamation— Anti-SLAPP Statute—First Amendment Rights—Special Motion to Dismiss.
December 22, 2022
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.
December 22, 2022
People v. Knisley.
2022 CO 59. No. 22SA290. Judicial Testimony—Witness in a Separate Proceeding—Motion to Quash a Subpoena.
December 19, 2022
Kulmann v. Salazar.
2022 CO 58. No. 22SC135. Statutory Interpretation—Municipal Government—Election Law.
December 19, 2022
Brown v. Walker Commercial, Inc.
2022 CO 57. No. 21SC390. Limitation of Actions—Municipal Corporations—Courts—Review—Certiorari.
December 19, 2022
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.
December 12, 2022
People in Interest of E.B.
2022 CO 55. No. 22SC213. Parental Rights—Due Process—Actual Prejudice—Continuance.
December 12, 2022
Roane v. Archuleta.
No. 22CA0204. 2022 COA 143. Colorado Open Records Act—Public Records Request—Allowance or Denial of Inspection—Disclosure and Discovery.
December 15, 2022
People v. Martinez.
No. 21CA0883. 2022 COA 142. Probation—Restitution—Payment Schedule—Good Cause for Probation Extension.
December 15, 2022
Nguyen v. Lai.
2022 COA 141. No. 21CA0418. Uniform Dissolution of Marriage Act—Declaration of Invalidity—Property Disposition.
December 8, 2022
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