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  • Commentaries
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Colorado Case Commentaries

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Date: Dec 13, 2025
Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center I. Introduction In Jennifer Lind‑Barnett...
People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term

People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term

Date: Oct 31, 2025
People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term...
Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57)

Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57)

Date: Sep 30, 2025
Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57) I. Introduction The Colorado Supreme Court’s decision in People v. Gregg, 2025 CO 57,...
People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury

People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury

Date: Sep 30, 2025
People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury I. Introduction In People v. Gregg, 2025 CO 57, 576 P.3d 725 (Colo. 2025), the Colorado...
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Date: Sep 16, 2025
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez I. Introduction In By the Rockies, LLC, and...
People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults

People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults

Date: Sep 9, 2025
People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults I. Introduction The Colorado Supreme Court’s decision in People v....
“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

Date: Aug 5, 2025
“Virtual Access Is Not Enough”: The Constitutional Requirement of Physical Public Access to Criminal Trials After Rios v. People, 2025 CO 46 I. Introduction In Rios v. People, 2025 CO 46, 572 P.3d...
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Date: Aug 5, 2025
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense Case: The People of the State of Colorado v. Kenneth Alfonso Gallegos,...
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

Date: Aug 5, 2025
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller Introduction...
No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

Date: Aug 5, 2025
No-Admission Rule for the Felony Murder Affirmative Defense in Colorado Commentary on People v. Gallegos, 2025 CO 41, 572 P.3d 136 (Colo. 2025) I. Introduction In People v. Gallegos, 2025 CO 41, 572...
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

Date: Aug 5, 2025
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten Court: Colorado Supreme...
Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz

Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz

Date: Jul 12, 2025
Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz Introduction This commentary...
Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47)

Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47)

Date: Jul 1, 2025
Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47) Introduction In People v. Mills, 2025 CO 47, the...
Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application

Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application

Date: Jul 1, 2025
Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application Introduction In People v. Mills, 2025 CO 47 (Colo. 2025), the Colorado Supreme Court...
No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a)

No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a)

Date: Jul 1, 2025
No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a) Case: The People of the State of Colorado...
Colorado Supreme Court: No Automatic Revival of a Waived Adjudicatory Jury Demand After Vacatur; New, Timely Demand Required in Dependency and Neglect Cases

Colorado Supreme Court: No Automatic Revival of a Waived Adjudicatory Jury Demand After Vacatur; New, Timely Demand Required in Dependency and Neglect Cases

Date: Jul 1, 2025
Colorado Supreme Court: No Automatic Revival of a Waived Adjudicatory Jury Demand After Vacatur; New, Timely Demand Required in Dependency and Neglect Cases Introduction In People ex rel. Kay. W. v....
No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment (People v. Bialas, 2025 CO 45)

No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment (People v. Bialas, 2025 CO 45)

Date: Jun 24, 2025
No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment Case: The People of the State of Colorado v. Michelle Re Nae Bialas, 570 P.3d...
No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution” Order

No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution” Order

Date: Jun 24, 2025
No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution”...
“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b)

“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b)

Date: Jun 24, 2025
“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b) Introduction In Randolph...
Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period

Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period

Date: Jun 24, 2025
Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period Introduction In Babcock v. People, 2025 CO 26,...
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