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  • Commentaries
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Colorado Case Commentaries

Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
Pretext Conversations and Voluntary Out-of-Custody Statements Introduction The People of the State of Colorado v. Patrick Nkongolo (2025 CO 20) arises from an interlocutory appeal in a...
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law Introduction In In Re County Commissioners of Boulder County and City of Boulder v. Suncor Energy USA, Inc., et al., 2025...
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Date: May 13, 2025
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22) Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the...
Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Date: May 13, 2025
Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records Introduction In Re Lucas Trenshaw and Theresa Gardner, Personal Representative for the Estate of Timothy...

    Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Date: May 6, 2025
Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute Introduction In Re The People of the State of Colorado v. Patrick L. Beverly, II (2025 CO 18) presents the first opportunity...
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

Date: Apr 22, 2025
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule Introduction In Mid-Century Insurance Company, as subrogee of Masterpiece Kitchen, v. HIVE Construction, Inc. (2025 CO...
Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration

Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration

Date: Apr 15, 2025
Authority of the Department to Conduct Restoration Evaluations as Services Necessary to Competency Restoration Introduction In In Re The People of the State of Colorado, In the Interest of Juvenile:...
The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception

The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception

Date: Apr 15, 2025
The Exterior Access Doctrine: Probable Cause to Search Vehicle Trunks under the Automobile Exception Introduction This case, The People of the State of Colorado v. Sheron Mario Furness (2025 CO 16),...
Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals

Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals

Date: Apr 15, 2025
Jurisdictional Rule for Appeals from As-Applied Constitutional Dismissals: Supreme Court Transfers to Court of Appeals Introduction This commentary examines the Colorado Supreme Court’s decision in...
Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required

Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required

Date: Apr 15, 2025
Strict Limits on Discovery in Wrongful Hospital Lien Actions: Relevance and Proportionality Required Introduction In In Re Jina Garcia, individually and on behalf of others similarly situated v....
ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

Date: Mar 25, 2025
ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories Introduction...
Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders

Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders

Date: Mar 6, 2025
Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders Introduction The case, In Re: The People of the State of Colorado v. Roberto C. Silva-Jaquez, marks a significant...
Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation

Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation

Date: Mar 6, 2025
Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation Introduction The case of Bradford Wayne Snedeker v. The People of the State of Colorado, decided on...
New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services

New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services

Date: Mar 1, 2025
New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services Introduction The case under review, Board of Governors of the Colorado...
A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties

A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties

Date: Mar 1, 2025
A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties Introduction The Judgment in 25 CO 8 v. The Board of County Commissioners of the County of Weld, et al....
Miranda Rights and Department of Human Services: Colorado Supreme Court Establishes Totality of Circumstances Test

Miranda Rights and Department of Human Services: Colorado Supreme Court Establishes Totality of Circumstances Test

Date: Feb 13, 2025
Miranda Rights and Department of Human Services: Colorado Supreme Court Establishes Totality of Circumstances Test Introduction The Supreme Court of Colorado, in the case of Adam Douglas Densmore v....
Department of Human Services Caseworkers and Miranda Rights: The Patrick Frazee Decision

Department of Human Services Caseworkers and Miranda Rights: The Patrick Frazee Decision

Date: Feb 13, 2025
Department of Human Services Caseworkers and Miranda Rights: The Patrick Frazee Decision Introduction The Supreme Court of Colorado, in the landmark case of Patrick Frazee v. The People of the State...
Supreme Court of Colorado Affirms Non-Application of Anti-Speculation Doctrine to Augmentation Plan Amendments for Not-Nontributary Groundwater

Supreme Court of Colorado Affirms Non-Application of Anti-Speculation Doctrine to Augmentation Plan Amendments for Not-Nontributary Groundwater

Date: Feb 13, 2025
Supreme Court of Colorado Affirms Non-Application of Anti-Speculation Doctrine to Augmentation Plan Amendments for Not-Nontributary Groundwater Introduction In the case of Concerning the Application...
Miranda Warnings for Non-Law Enforcement Interrogations: The Totality of Circumstances Standard

Miranda Warnings for Non-Law Enforcement Interrogations: The Totality of Circumstances Standard

Date: Feb 11, 2025
Miranda Warnings for Non-Law Enforcement Interrogations: The Totality of Circumstances Standard Introduction In Densmore v. People (2025 CO 6), the Colorado Supreme Court clarified when Miranda...
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