Colorado Case Commentaries

Entitlement to Preliminary Hearings in Felony DUI Cases – Establishing an Absolute Right

Date: May 19, 2020

Entitlement to Preliminary Hearings in Felony DUI Cases – Establishing an Absolute Right Introduction The case of The People of the State of Colorado v. Donald Eugene Huckabay (463 P.3d 283)...

The People v. Donald: Redefining Inference Stacking in Evidence Sufficiency

Date: Apr 14, 2020

The People v. Donald: Redefining Inference Stacking in Evidence Sufficiency Introduction In the landmark case The People of the State of Colorado v. Laron Antonio Donald, adjudicated by the Supreme...

Mandatory NGRI Plea for Insanity Evidence in Specific Intent Crimes: Colorado Supreme Court Sets New Precedent

Date: Mar 17, 2020

Mandatory NGRI Plea for Insanity Evidence in Specific Intent Crimes: Colorado Supreme Court Sets New Precedent Introduction The case of The People of the State of Colorado v. Paul Damon Rosas (459...

Finality of Convictions and the Inapplicability of Amendatory Legislation: Colorado Supreme Court Upholds Finality Principle in People v. Cali

Date: Mar 10, 2020

Finality of Convictions and the Inapplicability of Amendatory Legislation: Colorado Supreme Court Upholds Finality Principle in People v. Cali Introduction In the landmark case of People of the State...

Colorado Supreme Court Establishes Absolute Rule Against Pretrial Exhibit Disclosure Orders

Date: Jan 14, 2020

Colorado Supreme Court Establishes Absolute Rule Against Pretrial Exhibit Disclosure Orders Introduction In the landmark case of In Re Plaintiff: The People of the State of Colorado v. Joshua Edward...

Unified Calculation of Parole Eligibility Dates in Reincarceration Cases

Date: Jul 2, 2019

Unified Calculation of Parole Eligibility Dates in Reincarceration Cases Introduction The case of Scott Edward Diehl v. Philip J. Weiser, Colorado Attorney General; Jason Lengerich, Warden of Buena...

Colorado Supreme Court Establishes De Novo Review for Unpreserved Sufficiency Claims in Unlawful Sexual Contact Cases

Date: Jun 4, 2019

Colorado Supreme Court Establishes De Novo Review for Unpreserved Sufficiency Claims in Unlawful Sexual Contact Cases Introduction In the landmark case of Da v. Lewis McCoy, 442 P.3d 379 (Colorado...

Reaffirming the Strict Privity Rule: Colorado Supreme Court Bars Non-Client Claims Against Attorneys Absent Wrongdoing

Date: Sep 25, 2018

Reaffirming the Strict Privity Rule: Colorado Supreme Court Bars Non-Client Claims Against Attorneys Absent Wrongdoing Introduction The Colorado Supreme Court, in the case of Charles Bewley and...

Defining "Public Employee" and Addressing Constructive Amendments: Insights from Colorado's Rediger Decision

Date: May 1, 2018

Defining "Public Employee" and Addressing Constructive Amendments: Insights from Colorado's Rediger Decision Introduction In the landmark case of The People of the State of Colorado v. David Delbert...

No Duty of Care for Dog Owners Without Special Relationship: N.M. v. Trujillo

Date: Jun 27, 2017

No Duty of Care for Dog Owners Without Special Relationship: N.M. v. Trujillo Introduction N.M., a minor child, by and through Maria Lopez, his mother and next friend, and Maria Lopez, individually,...

Knowingly Using Another’s Identifying Information: Establishing Knowledge in Colorado Identity Theft Law

Date: Mar 1, 2016

Knowingly Using Another’s Identifying Information: Establishing Knowledge in Colorado Identity Theft Law 1. Introduction The People of the State of Colorado v. Eduardo Dejesus Pérez, 367 P.3d 695...

De Koning v. De Koning: Financial Assessment Timing for Attorney Fees in Dissolution of Marriage

Date: Jan 12, 2016

De Koning v. De Koning: Financial Assessment Timing for Attorney Fees in Dissolution of Marriage Introduction IN RE the MARRIAGE OF Kendrik Jon DE KONING, Petitioner, and Melissa Christie de Koning,...

Refunds of Costs, Fees, and Restitution Following Acquittal: Insights from People v. Nelson

Date: Dec 22, 2015

Refunds of Costs, Fees, and Restitution Following Acquittal: Insights from People v. Nelson (362 P.3d 1070) Introduction The People of the State of Colorado v. Shannon Nelson case addresses a pivotal...

Colorado Supreme Court Upholds Legislative Authority to Modify PERA COLA Formulas

Date: Oct 21, 2014

Colorado Supreme Court Upholds Legislative Authority to Modify PERA COLA Formulas Introduction In the landmark case of Gary R. Justus et al. v. The State of Colorado et al., the Supreme Court of...

Colorado Supreme Court Establishes Non-Mutually Exclusive Framework for CGIA Waivers in Erin A. Young v. Brighton School District

Date: May 20, 2014

Colorado Supreme Court Establishes Non-Mutually Exclusive Framework for CGIA Waivers in Erin A. Young v. Brighton School District Case Citation: Erin A. YOUNG, indi v. dually and on behalf of and as...

Colorado Supreme Court Establishes Enforceable Accrued Leave as Marital Property under UDMA

Date: Jan 14, 2014

Colorado Supreme Court Establishes Enforceable Accrued Leave as Marital Property under UDMA Introduction In the landmark case In re the Marriage of Marta Doris Cardona and Jaime Felipe Castro, 316...

Colorado Supreme Court Establishes Discretionary Apportionment of Attorney Fees in Contractual Disputes

Date: Jul 2, 2013

Colorado Supreme Court Establishes Discretionary Apportionment of Attorney Fees in Contractual Disputes Introduction In the landmark case of Planning Partners International, LLC v. QED, Inc., the...

Protected Liberty Interests of Preadoptive Foster Parents: Analysis of M.S. and S.S. v. The People of Colorado

Date: Jun 11, 2013

Protected Liberty Interests of Preadoptive Foster Parents: Analysis of M.S. and S.S. v. The People of Colorado Introduction M.S. and S.S. v. The People of Colorado is a pivotal case decided by the...

Hagos v. People: Clarifying Plain Error vs. Ineffective Assistance of Counsel Standards

Date: Nov 6, 2012

Hagos v. People: Clarifying Plain Error vs. Ineffective Assistance of Counsel Standards Introduction In Abraham Hagos v. The People of the State of Colorado, 288 P.3d 116 (Colo. 2012), the Supreme...

Discretion in Sanctioning: Supreme Court of Colorado Revisits Public Censure Requirements

Date: Sep 11, 2012

Discretion in Sanctioning: Supreme Court of Colorado Revisits Public Censure Requirements Introduction In In the Matter of Attorney F. (285 P.3d 322), the Supreme Court of Colorado addressed...