Colorado Case Commentaries

Crim. P. 16(I)(c)(2) Nonparty Discovery Orders Require Personal Jurisdiction by Proper Service

Date: Feb 4, 2026

Crim. P. 16(I)(c)(2) Nonparty Discovery Orders Require Personal Jurisdiction by Proper Service Case: In re the PEOPLE of the State of Colorado v. Juan Manuel CASTORENA, 2026 CO 2, 582 P.3d 459 Court:...

Byers Peak: No Private Waste Claim Under § 37-84-108; §§ 37-84-124/-125 Protect Water Rights (Not Flooding) and Constrain Water-Court Ancillary Jurisdiction

Date: Jan 29, 2026

Byers Peak: No Private Waste Claim Under § 37-84-108; §§ 37-84-124/-125 Protect Water Rights (Not Flooding) and Constrain Water-Court Ancillary Jurisdiction 1. Introduction Case: Byers Peak Props. v....

PUC Tariffs Cannot Limit Electric Utility Tort Liability to Non-Customers; HVSA Notice Binds Only Contracting Parties and Triggers No-Causation Indemnity

Date: Jan 29, 2026

PUC Tariffs Cannot Limit Electric Utility Tort Liability to Non-Customers; HVSA Notice Binds Only Contracting Parties and Triggers No-Causation Indemnity Case: Pub. Serv. Co. of Colo. v. Outdoor...

“Substance” Means the Entire Product: Colorado Narrows Involuntary Intoxication When Multiple Intoxicants Are Alleged

Date: Jan 29, 2026

“Substance” Means the Entire Product: Colorado Narrows Involuntary Intoxication When Multiple Intoxicants Are Alleged Case: The People of the State of Colorado v. Isaac U. Mion Citation: People v....

Child-Abuse “Testimony” Exception Does Not Reach Medical Records; Body-Cam Hospital Footage Requires Privilege-and-Policy Findings

Date: Jan 15, 2026

Child-Abuse “Testimony” Exception Does Not Reach Medical Records; Body-Cam Hospital Footage Requires Privilege-and-Policy Findings Case: People v. Soron, 2026 CO 3, 25SA203 (Colo. Jan 12, 2026)...

Rule 16 Discovery Orders to Nonparties Require Personal Jurisdiction Through Proper Service

Date: Jan 15, 2026

Rule 16 Discovery Orders to Nonparties Require Personal Jurisdiction Through Proper Service Case: People v. Castorena, 2026 CO 2 (Colo. Jan. 12, 2026) (No. 25SA179) | Court: Colorado Supreme Court...

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a Completed CMHHIP Evaluation

Date: Jan 14, 2026

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a Completed CMHHIP Evaluation Citation: People v. McGee, 2026 CO 4, 25SA224 (Colo. Jan 12, 2026) Court:...

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a CMHHIP Evaluation, and Trial Courts May Not Retroactively Undo the Initial Order

Date: Jan 13, 2026

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a CMHHIP Evaluation, and Trial Courts May Not Retroactively Undo the Initial Order Court: Colorado Supreme...

Colorado: Child-Abuse Exception to Physician–Patient Privilege Is Limited to Testimony (Not Medical Records); Body-Worn Camera Footage Requires Privilege and Public-Policy Findings

Date: Jan 13, 2026

Colorado: Child-Abuse Exception to Physician–Patient Privilege Is Limited to Testimony (Not Medical Records); Body-Worn Camera Footage Requires Privilege and Public-Policy Findings I. Introduction In...

Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons)

Date: Dec 26, 2025

Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons) I. Introduction The Colorado Supreme Court’s decision in People v. Michelle, 2025...

Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado

Date: Dec 26, 2025

Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado I. Introduction People v. Havens, 2025 CO 65, is a significant Colorado Supreme Court...

State Sentencing Caps Preempt Harsher Home-Rule Municipal Penalties for Identical Conduct

Date: Dec 23, 2025

State Sentencing Caps Preempt Harsher Home-Rule Municipal Penalties for Identical Conduct Case: In re People v. Camp; In re People v. Simons | Citation: 2025 CO 64 | Court: Colorado Supreme Court (en...

Home-Rule Municipal Sentences May Not Exceed State Sentencing Caps for Identical Conduct

Date: Dec 23, 2025

Home-Rule Municipal Sentences May Not Exceed State Sentencing Caps for Identical Conduct Colorado Supreme Court (en banc), People by and through People of City of Westminster v. Camp & In re People...

Colorado Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

Date: Dec 23, 2025

Colorado Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule Case: Jennifer Lind-Barnett and Julie Davis v. Tender Care Veterinary Center, Inc. Citation: 580...

People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption

Date: Dec 23, 2025

People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption Court: Colorado Supreme Court (en banc) Date:...

Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI

Date: Dec 18, 2025

Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI I. Introduction In People v. Kennedy, 2025 CO 63, the Colorado Supreme Court confronted a recurring and...

People v. Kennedy (2025 CO 63): Vehicular Homicide–DUI Is Not Per Se “Grave or Serious” for Colorado Proportionality Review

Date: Dec 16, 2025

People v. Kennedy (2025 CO 63): Vehicular Homicide–DUI Is Not Per Se “Grave or Serious” for Colorado Proportionality Review I. Introduction Case: People v. Kennedy, 2025 CO 63 (Colorado Supreme...

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Date: Dec 13, 2025

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center I. Introduction In Jennifer Lind‑Barnett...

Once the HCAA Cap Is Lifted, Common Law Controls Amount: Jury Primacy Subject Only to Remittitur and Sufficiency Review

Date: Nov 25, 2025

Once the HCAA Cap Is Lifted, Common Law Controls Amount: Jury Primacy Subject Only to Remittitur and Sufficiency Review Case: Banner Health v. Gresser, 2025 CO 60M (Colo. Nov. 24, 2025) (modified...

When the HCAA Cap Is Lifted, Common-Law Damages Control: Jury Primacy Subject Only to Sufficiency Review and Remittitur

Date: Nov 25, 2025

When the HCAA Cap Is Lifted, Common-Law Damages Control: Jury Primacy Subject Only to Sufficiency Review and Remittitur Case: BANNER HEALTH, d/b/a North Colorado Medical Center v. Chance GRESSER ...;...