Colorado Case Commentaries

Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records

Date: May 13, 2025

Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records Introduction In Trenshaw v. Jennings, 2025 CO 23, 568...

Counterman’s Recklessness Requirement Does Not Apply to Content‑Neutral Stalking: Colorado Supreme Court Clarifies § 18‑3‑602(1)(c) in People v. Crawford (2025)

Date: May 13, 2025

Counterman’s Recklessness Requirement Does Not Apply to Content‑Neutral Stalking: Colorado Supreme Court Clarifies § 18‑3‑602(1)(c) in People v. Crawford (2025) Introduction In People v. Crawford,...

No‑Contact Means No‑Contact: Attempted Communication Through a Protected Party’s Lawyer Violates a Protection Order; Punitive Contempt and Protection‑Order Breaches Support Colo. RPC 8.4(b) Without a Criminal Conviction

Date: May 8, 2025

No‑Contact Means No‑Contact: Attempted Communication Through a Protected Party’s Lawyer Violates a Protection Order; Punitive Contempt and Protection‑Order Breaches Support Colo. RPC 8.4(b) Without a...

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...

Restoration Evaluations Are “Services Necessary to Competency Restoration”: Colorado Supreme Court Authorizes CDHS to Reevaluate Juvenile Competency Without a Court Order

Date: May 6, 2025

Restoration Evaluations Are “Services Necessary to Competency Restoration”: Colorado Supreme Court Authorizes CDHS to Reevaluate Juvenile Competency Without a Court Order Case: In re The People of...

Colorado Supreme Court Declares No Willful-and-Wanton Exception to the Economic Loss Rule

Date: Apr 22, 2025

Colorado Supreme Court Declares No Willful-and-Wanton Exception to the Economic Loss Rule Introduction In Mid-Century Insurance Company v. HIVE Construction, Inc., 567 P.3d 153, 2025 CO 17 (Colo....

Anti‑Speculation Doctrine Does Not Apply to Water Court Review of Amendments to Augmentation Plans for Not‑Nontributary Denver Basin Groundwater

Date: Apr 22, 2025

Anti‑Speculation Doctrine Does Not Apply to Water Court Review of Amendments to Augmentation Plans for Not‑Nontributary Denver Basin Groundwater Case: Franktown Citizens Coalition II, Inc. and West...

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...

Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed

Date: Apr 15, 2025

Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed Case: People of the State of...

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:...

Discovery in Statutory Hospital-Lien Class Actions Is Limited to Billing-and-Lien Elements: Garcia v. Centura Health (Colo. 2025)

Date: Apr 15, 2025

Discovery in Statutory Hospital-Lien Class Actions Is Limited to Billing-and-Lien Elements: Garcia v. Centura Health (Colo. 2025) Introduction In a significant clarification of the discovery rules...

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

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

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....

No Bright-Line “Interior Access” Requirement: Colorado Clarifies Trunk Searches Under the Automobile Exception in People v. Furness

Date: Apr 15, 2025

No Bright-Line “Interior Access” Requirement: Colorado Clarifies Trunk Searches Under the Automobile Exception in People v. Furness Introduction In People v. Furness, 2025 CO 16, the Colorado Supreme...

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

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

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

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

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....