Colorado Case Commentaries

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...

State-Only Standing to Prosecute Dependency and Neglect Petitions in Colorado: Overruling People in Interest of R.E. and Limiting Counsel‑for‑Youth Authority

Date: Jun 3, 2025

State-Only Standing to Prosecute Dependency and Neglect Petitions in Colorado: Overruling People in Interest of R.E. and Limiting Counsel‑for‑Youth Authority Introduction In In re The People in the...

Exclusive State Authority to Prosecute—and Dismiss—Dependency and Neglect Petitions: Colorado Supreme Court Overrules R.E. and Limits Counsel for Youth’s Ability to Proceed Over the State’s Objection

Date: Jun 3, 2025

Exclusive State Authority to Prosecute—and Dismiss—Dependency and Neglect Petitions: Colorado Supreme Court Overrules R.E. and Limits Counsel for Youth’s Ability to Proceed Over the State’s Objection...

Suicide by Intentional Overdose as a Potential Intervening Cause: Colorado Supreme Court Clarifies “Proximate Cause” in Fentanyl Death Enhancers

Date: May 28, 2025

Suicide by Intentional Overdose as a Potential Intervening Cause: Colorado Supreme Court Clarifies “Proximate Cause” in Fentanyl Death Enhancers Introduction In People v. Beverly, 2025 CO 18, 568...

PUC’s Incidental Authority to Interpret Non‑Utility Statutes and County Standing in Utility Land‑Use Disputes: American Heritage Railways v. Colorado PUC (2025 CO 27)

Date: May 28, 2025

PUC’s Incidental Authority to Interpret Non‑Utility Statutes and County Standing in Utility Land‑Use Disputes Commentary on American Heritage Railways, Inc. and The Durango & Silverton Narrow Gauge...

Restitution’s Ninety-One-Day Deadline Under § 18-1.3-603(1)(b) Is Directory and Waivable; Implied Waiver by Defense Scheduling Beyond the Deadline

Date: May 28, 2025

Restitution’s Ninety-One-Day Deadline Under § 18-1.3-603(1)(b) Is Directory and Waivable; Implied Waiver by Defense Scheduling Beyond the Deadline Case: Babcock v. People, 2025 CO 26, No. 23SC583...