Positive Newborn Drug Test Satisfies “Affected by Exposure”; “Threatened” Element May Be Shown by Direct Risk or Parental Incapacity under § 19-3-102(1)(g): Colorado Supreme Court Clarifies the...
No Post‑Decree Cure: Colorado Supreme Court Requires Well‑Specific, “Reasonably Accurate” Depletion Modeling Before Conditional Groundwater Rights Are Decreed Case: Town of Firestone v. BCL Colorado...
PUC May Interpret § 30-28-127 and Decide When Utility Site Changes Trigger County Land-Use Compliance: American Heritage Railways v. Colorado PUC (2025) Introduction In American Heritage Railways,...
People v. Ganaway: Multi‑Officer Tactical Presence Does Not Automatically Create a Seizure; Voluntary Pat‑Down Consent Valid Under the Totality of the Circumstances Introduction In People v. Ganaway,...
Reaffirming Hoecher: Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit Under § 18-1.3-405 Introduction In Bonde v. People, 2025 CO 24, 569 P.3d 109 (Colo. 2025), the...
Snow v. People: Deferring Restitution in Its Entirety at Sentencing Creates an Illegal Sentence; Post‑Sentencing Fixes Are Invalid and the Remedy Is “No Restitution” Introduction In Shaun Jeff Snow...
Restitution Deadlines Are Directory and Waivable: Johnson v. People (Colo. 2025) Introduction In Johnson v. People, 2025 CO 29 (Colo. May 27, 2025), the Colorado Supreme Court addressed the operation...
No Retained Jurisdiction Without an Initial Non‑Injury Showing: Site‑Specific Modeling Required for Conditional Groundwater Rights in Colorado Case: Town of Firestone v. BCL Colorado LP, et al., 2025...
Positive Newborn Drug Test Satisfies “Affected by Exposure”; Threat May Be Shown by Direct Substance Risk or Parental Incapacity — Colorado Supreme Court Clarifies § 19-3-102(1)(g) Introduction In...
Directed Show of Authority, Not Mere Presence, Triggers a Seizure: People v. Ganaway (Colo. 2025) Introduction In People v. Ganaway, 2025 CO 25 (Colo. May 27, 2025), the Colorado Supreme Court...
Colorado Supreme Court: Acceptance of a Post-Deadline Restitution Hearing Waives the 91-Day Statutory Right Introduction In People v. Roberson, 2025 CO 30, the Colorado Supreme Court clarified the...
Illegal-Manner, Not Illegal-Sentence: Timeliness Challenges to Restitution Amounts under § 18-1.3-603(1)(b) Must Be Brought Within Crim. P. 35(b)’s Deadline Introduction In Tennyson v. People, 2025...
Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence Introduction In Bonde v. People,...
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 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 Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Colorado Supreme Court Holds the Clean Air Act Does Not Preempt State Tort Damages Claims for Climate-Related Harms Against Fossil Fuel Producers Introduction In a closely watched climate litigation...
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...
Pretext Texts Are Not Inherently Coercive: Colorado Sets Voluntariness Benchmark for Agent‑Mediated, Noncustodial Conversations Introduction In People v. Nkongolo, 2025 CO 20, the Colorado Supreme...
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...