Colorado Case Commentaries

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

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

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

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...

Department of Human Services Caseworkers Are Not “Law Enforcement Officers” for Miranda Purposes

Date: Feb 11, 2025

Department of Human Services Caseworkers Are Not “Law Enforcement Officers” for Miranda Purposes Introduction Frazee v. People of the State of Colorado (2025 CO 7) addresses whether a Department of...

Exclusion of Anti-Speculation Doctrine in Augmentation Plan Amendments for Denver Basin Not-Nontributary Groundwater

Date: Feb 11, 2025

Exclusion of Anti-Speculation Doctrine in Augmentation Plan Amendments for Denver Basin Not-Nontributary Groundwater Introduction In Franktown Citizens Coalition II, Inc. & West Elbert County Well...

Colorado Supreme Court Establishes New Standards for K-9 Sniffs in Vehicle Searches

Date: Feb 7, 2025

Colorado Supreme Court Establishes New Standards for K-9 Sniffs in Vehicle Searches Introduction In the landmark case of The People of the State of Colorado v. Tien Dinh Pham (2025 CO 4), the Supreme...

Facilitated K-9 Vehicle Sniffs as Fourth Amendment Searches

Date: Feb 4, 2025

Facilitated K-9 Vehicle Sniffs as Fourth Amendment Searches Introduction In The People of the State of Colorado v. Tien Dinh Pham (2025 CO 4), the Colorado Supreme Court addressed whether law...

Colorado Supreme Court Affirms Exclusion of Nonhuman Animals from Habeas Corpus Protections

Date: Jan 25, 2025

Colorado Supreme Court Affirms Exclusion of Nonhuman Animals from Habeas Corpus Protections Introduction The Colorado Supreme Court delivered a landmark decision on January 21, 2025, in the case of...

Colorado Supreme Court Clarifies 'Personal Identifying Information' in Identity Theft Statute Limited to Individuals

Date: Jan 24, 2025

Colorado Supreme Court Clarifies 'Personal Identifying Information' in Identity Theft Statute Limited to Individuals Introduction In the landmark case The People of the State of Colorado v. Jesus...

Supreme Court of Colorado Affirms PUC's Authority in Utility Rate Design: Holcim v. Colorado PUC

Date: Jan 19, 2025

Supreme Court of Colorado Affirms PUC's Authority in Utility Rate Design: Holcim v. Colorado PUC Introduction The case of Holcim U.S. Inc. v. Colorado Public Utilities Commission (PUC) addresses...

Forecast-Based Uniform Volumetric Fuel Cost Recovery as a Just and Reasonable Ratemaking Principle

Date: Jan 14, 2025

Forecast-Based Uniform Volumetric Fuel Cost Recovery as a Just and Reasonable Ratemaking Principle Introduction In Holcim U.S. Inc. v. Colorado Public Utilities Commission, 2025 CO 1, the Colorado...

Colorado Supreme Court Sets Precedent on Lawyer Discipline for Sexual Assault Convictions

Date: Jan 1, 2025

Colorado Supreme Court Sets Precedent on Lawyer Discipline for Sexual Assault Convictions Introduction The Colorado Supreme Court rendered a significant decision on December 31, 2024, in the case of...

Colorado Supreme Court Mandates Payment of Undisputed Non-Economic Damages in UIM Claims

Date: Dec 26, 2024

Colorado Supreme Court Mandates Payment of Undisputed Non-Economic Damages in UIM Claims Introduction In the landmark case of Marcus A. Fear v. GEICO Casualty Company, 2024 CO 77, the Supreme Court...

Supreme Court of Colorado Affirms POST as Criminal Justice Agency under CCJRA: Implications for Public Records Access

Date: Dec 26, 2024

Supreme Court of Colorado Affirms POST as Criminal Justice Agency under CCJRA: Implications for Public Records Access Introduction In the landmark case of The Gazette; Christopher N. Osher, reporter...

Retroactivity of Procedural Rules in Habitual Criminal Sentencing: McDonald v. People of Colorado

Date: Dec 19, 2024

Retroactivity of Procedural Rules in Habitual Criminal Sentencing: McDonald v. People of Colorado Introduction Rodney Dewayne McDonald v. The People of the State of Colorado is a seminal 2024...

Procedural Nature of Wells-Yates Proportionality Rules Precludes Retroactive Application

Date: Dec 17, 2024

Procedural Nature of Wells-Yates Proportionality Rules Precludes Retroactive Application Introduction Rodney Dewayne McDonald v. The People of the State of Colorado (2024 CO 75) addresses whether the...

Colorado Supreme Court Affirms State Engineer's Authority to Impose Total Volumetric Limits on Nontributary Groundwater Withdrawal Permits

Date: Dec 12, 2024

Colorado Supreme Court Affirms State Engineer's Authority to Impose Total Volumetric Limits on Nontributary Groundwater Withdrawal Permits Introduction The case of Parker Water and Sanitation...

Reasonable Suspicion via Mismatched License Plates and Lawful Vehicle Exit Orders: People v. Barnett

Date: Dec 11, 2024

Reasonable Suspicion via Mismatched License Plates and Lawful Vehicle Exit Orders: People v. Barnett Introduction In People of the State of Colorado v. Travis Roland Barnett (2024 CO 73), the Supreme...

Public Censure of Former Judge David Brett Woods: Setting New Standards for Judicial Conduct and Accountability

Date: Dec 11, 2024

Public Censure of Former Judge David Brett Woods: Setting New Standards for Judicial Conduct and Accountability Introduction In December 2024, the Supreme Court of Colorado issued a landmark decision...