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From the Courts

Colorado Court Case Summaries

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People in the Interest of E.W.

2022 COA 12. No. 20CA1724.  Termination of the Parent–Child Legal Relationship—Jurisdiction—Home State under the Uniform Child-custody Jurisdiction and Enforcement Act.

January 13, 2022

People v. Rodriguez.

2022 COA 11. No. 19CA0529. Traffic Stop—Evidence—Chain of Custody—Testimony—Authentication—Jury Instructions—Prosecutorial Misconduct.

January 13, 2022

People v. Gamboa-Jimenez.

2022 COA 10. No. 18CA1516. Evidence—Expert Testimony—Drug Courier Profile Testimony—Fourth Amendment—Investigatory Traffic Stop.

January 13, 2022

Pearson v. People.

2022 CO 4. No. 20SC463. Harassment—Self-Defense—Affirmative Defense.

January 10, 2022

People v.  Rau.

2022 CO 3. No.  20SC583. “Force Against Intruders” Statute—“Make My Day” Statute—CRS § 18-1-704.5—Immunity from Criminal Prosecution for Use of Deadly Physical Force—Justification and Exemptions from Criminal Responsibility—Affirmative Defenses—Dwelling—CRS § 18-1-901(3)(g).

January 10, 2022

Pettigrew v. People.

2022 CO 2. No. 20SC353. Jury Instructions—Reasonable Doubt—Constitutional Harmless Error.

January 10, 2022

Tibbels v. People.

2022 CO 1. No. 20SC22. Jury Instructions—Reasonable Doubt.

January 10, 2022

People in the Interest of B.H.

2022 COA 9. No. 21CA1604.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Post-Trial Motion—Tolling.

January 6, 2022

People in the Interest of E.B.

2022 COA 8. No. 21CA0346.  Dependency and Neglect—Termination of Parent–Child Legal Relationship—Continuance for Technical Difficulties.

January 6, 2022

Aurora Urban Renewal Authority v. PK Kaiser.

2022 COA 5. No. 20CA1162.  Municipal Law—Constitutional Standing—Political Subdivision Standing Doctrine—Prudential Standing—Public Improvements—Urban Renewal Law—Tax Increment Financing—Failure to Exhaust Administrative Remedies.

January 6, 2022

Hodge v. Matrix Group, Inc.

2022 COA 4. No. 20CA0746. Civil Litigation—Damages—Lost Profits—Loss of Earning Capacity—S Corporation—Sole Owner—Discovery Sanctions.

January 6, 2022

People v. Johnson.

2022 COA 2. No. 19CA1713.  Ineffective Assistance of Counsel—Sixth Amendment—Right to Forgo a Defense.

January 6, 2022

People v. Strickler.

2022 COA 1. No. 18CA2334. Deadly Weapon—Arson—Crime of Violence—Sentence Enhancer—Attempted Criminal Mischief—Attempted First Degree Arson—Attempted Extreme Indifference Murder—Lesser Included Offense—Merger.

January 6, 2022

Hall v. Allstate Fire and Casualty Insurance Co.

No. 21-1040.  D.Colo. Judge Kelly. Underinsured Motorist Claim—Bad-Faith Claim—Summary Judgment—Failure to Cooperate Affirmative Defense—Material and Substantive Disadvantage Requirement.

December 17, 2021

United States v. Fernandez.

No. 20-2106.  D.N.M. Judge Hartz. Sufficiency of the Evidence—Fourth Amendment Search and Seizure—Waiver of Argument—Abandonment of Property—Agency—Due Process.

December 17, 2021

United States v. Benally.

No. 20-2157. D.N.M. Judge Briscoe. Involuntary Manslaughter in Indian Country—Mandatory Victim’s Restitution Act—Victim and Witness Protection Act—Plain Error Review.

December 13, 2021

Kerr v. Polis.

No. 17-1192. D.Colo. Judge Tymkovich. Colorado Taxpayer Bill of Rights—US Constitution’s Guarantee Clause—Colorado Enabling Act—Fed. R. Civ. P. 12(b)(1)—Fed. R. Civ. P. 12(b)(6).

December 13, 2021

United States v. Muhtorov.

No. 18-1366. D.Colo. Judge Matheson. Federal Intelligence Surveillance Act—§ 702 Warrantless Surveillance—Fourth Amendment—Separation of Powers—Discovery and Disclosure Requirements with Classified Information—Sixth Amendment Right to Speedy Trial.

December 8, 2021

Reznik v. inContact, Inc.

No. 21-4007. D.Utah. Judge Kelly. Title VII Retaliation—Motion to Dismiss for Failure to State a Claim—Subjective Good Faith Belief—Objectively Reasonable Belief—Test for Objective Reasonableness.

December 1, 2021

Rule Change 2021(25)

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

December 16, 2021

Rule Change 2021(23)

Rules Governing Admission to the Practice of Law in Colorado

December 8, 2021

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