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  • Commentaries
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Colorado Case Commentaries

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

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

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

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)

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

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...
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 Two‑Prong Test in People ex rel. B.C.B. v. A.B. (2025)

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 Two‑Prong Test in People ex rel. B.C.B. v. A.B. (2025)

Date: May 28, 2025
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

No Post‑Decree Cure: Colorado Supreme Court Requires Well‑Specific, “Reasonably Accurate” Depletion Modeling Before Conditional Groundwater Rights Are Decreed

Date: May 28, 2025
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)

PUC May Interpret § 30-28-127 and Decide When Utility Site Changes Trigger County Land-Use Compliance: American Heritage Railways v. Colorado PUC (2025)

Date: May 28, 2025
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

People v. Ganaway: Multi‑Officer Tactical Presence Does Not Automatically Create a Seizure; Voluntary Pat‑Down Consent Valid Under the Totality of the Circumstances

Date: May 28, 2025
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

Reaffirming Hoecher: Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit Under § 18-1.3-405

Date: May 28, 2025
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”

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”

Date: May 28, 2025
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)

Restitution Deadlines Are Directory and Waivable: Johnson v. People (Colo. 2025)

Date: May 28, 2025
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

No Retained Jurisdiction Without an Initial Non‑Injury Showing: Site‑Specific Modeling Required for Conditional Groundwater Rights in Colorado

Date: May 28, 2025
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)

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)

Date: May 28, 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)

Directed Show of Authority, Not Mere Presence, Triggers a Seizure: People v. Ganaway (Colo. 2025)

Date: May 28, 2025
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 (People v. Roberson, 2025 CO 30)

Colorado Supreme Court: Acceptance of a Post-Deadline Restitution Hearing Waives the 91-Day Statutory Right (People v. Roberson, 2025 CO 30)

Date: May 28, 2025
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...
Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence

Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence

Date: May 28, 2025
Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence Introduction In Bonde v. People,...
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

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

Date: May 28, 2025
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...
Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
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

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
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...
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