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Colorado Case Commentaries

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 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

Colorado Supreme Court Holds the Clean Air Act Does Not Preempt State Tort Damages Claims for Climate-Related Harms Against Fossil Fuel Producers

Date: May 13, 2025
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)

Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Date: May 13, 2025
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

Pretext Texts Are Not Inherently Coercive: Colorado Sets Voluntariness Benchmark for Agent‑Mediated, Noncustodial Conversations

Date: May 13, 2025
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

Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records

Date: May 13, 2025
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...
Communications in Treatment Records Are Categorically Privileged: Colorado Supreme Court Bars Sentence-by-Sentence Parsing of Medical Records

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)

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

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

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

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

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

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

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

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

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)

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

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

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

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

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...
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