Colorado Case Commentaries

Accepting a Post–91-Day Restitution Hearing Date Waives the Statutory Deadline: Commentary on People v. Roberson, 2025 CO 30

Date: Jun 24, 2025

Accepting a Post–91-Day Restitution Hearing Date Waives the Statutory Deadline: Commentary on People v. Roberson, 2025 CO 30 Introduction In People v. Roberson, 2025 CO 30, 569 P.3d 811, the Colorado...

Mens Rea Applies to Every Element of Colorado Securities Fraud: Advice-of-Counsel Evidence Is Admissible to Negate Willfulness

Date: Jun 24, 2025

Mens Rea Applies to Every Element of Colorado Securities Fraud: Advice-of-Counsel Evidence Is Admissible to Negate Willfulness Introduction In People v. Schnorenberg, 2025 CO 43, 570 P.3d 1036 (Colo....

“Knowingly,” Not “Intentionally”: Colorado Supreme Court Clarifies Mens Rea for Soliciting for Child Prostitution under § 18-7-402(1)(a)–(b)

Date: Jun 24, 2025

“Knowingly,” Not “Intentionally”: Colorado Supreme Court Clarifies Mens Rea for Soliciting for Child Prostitution under § 18-7-402(1)(a)–(b) Introduction In Randolph v. People, 2025 CO 44, 570 P.3d...

Physical Access, Not Livestreams: Colorado Supreme Court Affirms that Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right (People v. Bialas)

Date: Jun 24, 2025

Physical Access, Not Livestreams: Colorado Supreme Court Affirms that Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right Commentary on People v. Bialas, 2025 CO 45 (Colo. 2025)...

Restitution Deadlines Are Directory and Waivable: Johnson v. People Extends Non‑Jurisdictional Reading to § 18‑1.3‑603(2)(a) and Confirms Waiver by Plea and Conduct

Date: Jun 24, 2025

Restitution Deadlines Are Directory and Waivable: Johnson v. People Extends Non‑Jurisdictional Reading to § 18‑1.3‑603(2)(a) and Confirms Waiver by Plea and Conduct Introduction In Johnson v. People,...

Tennyson v. People: Timeliness Challenges to Restitution Amounts Set Under § 18-1.3-603(1)(b) Are “Illegal Manner” Claims Subject to Crim. P. 35(b)’s Deadline

Date: Jun 24, 2025

Tennyson v. People: Timeliness Challenges to Restitution Amounts Set Under § 18-1.3-603(1)(b) Are “Illegal Manner” Claims Subject to Crim. P. 35(b)’s Deadline Introduction In 2025 CO 31 (569 P.3d...

People v. Ray: Colorado Declines to Extend Miller to Emerging Adults and Clarifies Post‑Rojas Treatment of Res Gestae and Related Evidence

Date: Jun 24, 2025

People v. Ray: Colorado Declines to Extend Miller to Emerging Adults and Clarifies Post‑Rojas Treatment of Res Gestae and Related Evidence Citation: People v. Ray, 2025 CO 42, No. 10SA157 (Colo. June...

Knowing Materiality: Colorado Supreme Court Holds “Willfully” Applies to Every Element of CSA § 11‑51‑501(1)(b) and (c), Making Advice‑of‑Counsel Evidence Relevant to Mens Rea

Date: Jun 24, 2025

Knowing Materiality: Colorado Supreme Court Holds “Willfully” Applies to Every Element of CSA § 11‑51‑501(1)(b) and (c), Making Advice‑of‑Counsel Evidence Relevant to Mens Rea Introduction In People...

People v. Ray: Harmless-Error Review After Rojas, Strict CRE 606(b) Limits on Juror Impeachment, and Constitutional Validity of Adult LWOP Commutations

Date: Jun 24, 2025

People v. Ray: Harmless-Error Review After Rojas, Strict CRE 606(b) Limits on Juror Impeachment, and Constitutional Validity of Adult LWOP Commutations Introduction In People v. Ray, 2025 CO 42, the...

Colorado Supreme Court: Denial of Summary Judgment or Directed Verdict in Prior Litigation Is Only a Factor—Not a Rebuttable Presumption—of Probable Cause in Malicious Prosecution Actions

Date: Jun 17, 2025

Denial of Summary Judgment or Directed Verdict in Prior Litigation Is Only a Factor—Not a Rebuttable Presumption—of Probable Cause in Malicious Prosecution Actions Introduction In Cantafio v....

Colorado Supreme Court Adopts “Likelihood” Standard for Trinity Hearings and Clarifies Proximate-Cause Requirement for the CGIA Dangerous-Condition Waiver

Date: Jun 17, 2025

Colorado Supreme Court Adopts “Likelihood” Standard for Trinity Hearings and Clarifies Proximate-Cause Requirement for the CGIA Dangerous-Condition Waiver Introduction In Jefferson County, Colorado...

Colorado Supreme Court Clarifies Probable Cause in Malicious Prosecution: Denials of Summary Judgment or Directed Verdict Are Factors, Not Presumptions (Cantafio v. Schnelle, 2025 CO 39)

Date: Jun 17, 2025

Denial of Summary Judgment or Directed Verdict in a Prior Case Is Only a Factor—Not a Rebuttable Presumption—of Probable Cause in Subsequent Malicious Prosecution Actions Introduction In Cantafio v....

Ghostwriting While Suspended Is Unauthorized Practice Warranting Disbarment; POME Defense Inapplicable Without Pro Se Status

Date: Jun 12, 2025

Ghostwriting While Suspended Is Unauthorized Practice Warranting Disbarment; POME Defense Inapplicable Without Pro Se Status Introduction This commentary analyzes the Amended Opinion of the Office of...

Venue for CCJRA Show-Cause Hearings Lies Where the Records Are Located; Ancillary Jurisdiction Unavailable When a Specific Statute Governs — Commentary on People v. Sotade, 2025 CO 38 (Colo.)

Date: Jun 10, 2025

Venue for CCJRA Show-Cause Hearings Lies Where the Records Are Located; Ancillary Jurisdiction Unavailable When a Specific Statute Governs — Commentary on People v. Sotade, 2025 CO 38 (Colo.) Case:...

Decoupling Due Process from Quasi‑Judicial Status: Colorado Supreme Court Confirms Absolute Privilege for Statements in Public School Title IX Investigations

Date: Jun 10, 2025

Decoupling Due Process from Quasi‑Judicial Status: Colorado Supreme Court Confirms Absolute Privilege for Statements in Public School Title IX Investigations Case: Hushen v. Gonzales, 570 P.3d 473,...

Colorado Supreme Court Adopts a “Likelihood” Burden for CGIA Waivers and Requires Negligent Causation of a “Dangerous Condition” — Jefferson County v. Dozier (2025 CO 36)

Date: Jun 10, 2025

Colorado Supreme Court Adopts a “Likelihood” Burden for CGIA Waivers and Requires Negligent Causation of a “Dangerous Condition” — Jefferson County v. Dozier (2025 CO 36) Introduction In Jefferson...

Defining “Quasi‑Judicial” Without Due Process Minimums: Absolute Privilege Applies to Statements in Public School Title IX Proceedings (Hushen v. Gonzales, 2025 CO 37)

Date: Jun 10, 2025

Defining “Quasi‑Judicial” Without Due Process Minimums: Absolute Privilege Applies to Statements in Public School Title IX Proceedings Commentary on Hushen v. Gonzales, 2025 CO 37 (Colo. June 9,...

Mandatory Venue for CCJRA Show-Cause Hearings: Applications Must Be Filed Where the Records Reside, and Ancillary Jurisdiction Cannot Override a Specific Statutory Venue

Date: Jun 10, 2025

Mandatory Venue for CCJRA Show-Cause Hearings: Applications Must Be Filed Where the Records Reside, and Ancillary Jurisdiction Cannot Override a Specific Statutory Venue Case: In re The People of the...

Colorado Supreme Court Adopts “Present-Parent” Rule: Post-Adoption, Parents of a Deceased Parent Lack Standing for Grandparent Visitation

Date: Jun 10, 2025

Colorado Supreme Court Adopts “Present-Parent” Rule: Post-Adoption, Parents of a Deceased Parent Lack Standing for Grandparent Visitation Introduction In In re the Parental Responsibilities...

Colorado Supreme Court Narrows Grandparent Visitation Standing: Post‑Adoption, Parents of a Deceased Parent Are Not “Grandparents” Under the Children’s Code

Date: Jun 10, 2025

Colorado Supreme Court Narrows Grandparent Visitation Standing: Post‑Adoption, Parents of a Deceased Parent Are Not “Grandparents” Under the Children’s Code Introduction In a closely divided decision...

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