Colorado Supreme Court Decisions 2017

Walker v. Ford Motor Co.  
Date: November 13, 2017
Citation: 2017 CO 102
Docket Number: 15SC899

Justia Opinion Summary: In this products liability case, the issue before the Colorado Supreme Court was whether the trial court erred when it gave a jury instruction that allowed the jury to apply either the "consumer expectation test" or the...

Align Corporation, Ltd. v. Boustred  
Date: November 13, 2017
Citation: 2017 CO 103
Docket Number: 16SC448

Justia Opinion Summary: In 2012, Respondent Allister Boustred, a Colorado resident, purchased a replacement main rotor holder for his radio-controlled helicopter from a retailer in Fort Collins, Colorado. The main rotor holder was allegedly ma...

OXY USA Inc. v. Mesa County Board of Commissioners  
Date: November 13, 2017
Citation: 2017 CO 104
Docket Number: 16SC51

Justia Opinion Summary: In 2011, OXY USA Inc. (“Oxy”), made a mistake that caused it to overpay its property taxes on oil and gas produced from leaseholds. Oxy failed to deduct certain costs it was entitled to deduct. By the time it realized t...

In the Matter of Philip Kleinsmith
Date: October 30, 2017
Citation: 2017 CO 101
Docket Number: 16SA332
Colorado v. Samspon  
Date: October 30, 2017
Citation: 2017 CO 100
Docket Number: 17SA49

Justia Opinion Summary: Defendant James Sampson spoke with a police officer while Sampson was in a hospital for treatment of knife wounds. Sampson told the officer someone the street had stabbed him while trying to rob him, and a Good Samaritan...

Ronquillo v. Colorado  
Date: October 16, 2017
Citation: 2017 CO 99
Docket Number: 14SC341

Justia Opinion Summary: Several days before trial, Jesus Ronquillo decided he’d had enough of the lawyer he’d hired to defend him. Counsel asked to withdraw, noting that he had been fired, and that he and Ronquillo had suffered a complete break...

Fuentes-Espinoza v. Colorado  
Date: October 10, 2017
Citation: 2017 CO 98
Docket Number: 13SC128

Justia Opinion Summary: Petitioner Bernardino Fuentes-Espinoza challenged his convictions under Colorado’s human smuggling statute on the ground that that statute was preempted by the federal Immigration and Nationality Act (INA). In 2007, Fuen...

City of Arvada ex rel. Arvada Police Department v. Denver Health  
Date: October 10, 2017
Citation: 2017 CO 97
Docket Number: 16SC184

Justia Opinion Summary: When Arvada, Colorado police officers responded to a reported domestic disturbance in Terry Ross’s home, Ross went into a bedroom and shot himself. Officers radioed for an ambulance whose crew delivered him to the hospit...

Colorado v. Torrez  
Date: October 2, 2017
Citation: 2017 CO 91
Docket Number: 12SC448

Justia Opinion Summary: Amber Torrez was confined in Denver County on two unrelated warrants: a Jefferson County warrant for assault and other charges (the case giving rise to this appeal) and a Denver County warrant for two murder charges. Wit...

Pineda-Liberato v. Colorado  
Date: October 2, 2017
Citation: 2017 CO 95
Docket Number: 15SC374

Justia Opinion Summary: This case concerned a district court’s authority to continue to collect from petitioner Karla Pineda-Liberato unpaid restitution, court costs, and fees ordered as conditions of a deferred sentence after the completion of...

Colorado v. Ahuero  
Date: October 2, 2017
Citation: 2017 CO 90
Docket Number: 15SC912

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court’s review centered on whether a trial court abuses its discretion when it denies a continuance that defense counsel requested seeking more time to prepare for t...

Laleh v. Johnson  
Date: October 2, 2017
Citation: 2017 CO 93
Docket Number: 16SC134

Justia Opinion Summary: In 2012, Khalil Laleh brought a forcible entry and detainer action against his brother, Ali Laleh. The litigation later grew so unwieldy that the trial court appointed Gary Johnson as an accounting expert (and later as a...

Hardegger v. Clark  
Date: October 2, 2017
Citation: 2017 CO 96
Docket Number: 16SC599

Justia Opinion Summary: Petitioner Ann Hardegger filed a complaint in the district court seeking contribution from respondents Daniel and Cheryl Clark, for their proportionate share of a payment she made to the Internal Revenue Service (“IRS”)...

Colorado v. Nguyen  
Date: October 2, 2017
Citation: 2017 CO 92
Docket Number: 17SA37

Justia Opinion Summary: Defendant Hung Van Nguyen, who only spoke Vietnamese, waived his Miranda rights after they were translated to him by a chaplain for the Denver Police Department. The trial court ruled that the defendant’s waiver was volu...

Catholic Health v. Swensson  
Date: October 2, 2017
Citation: 2017 CO 94
Docket Number: 17SA62

Justia Opinion Summary: In March 2016, Catholic Health Initiatives Colorado (d/b/a Centural Health – St. Anthony North Hospital) filed suit against architectural firm Earl Swensson Associates (“ESA”) after ESA designed Catholic Health’s new hos...

Page v. Colorado  
Date: September 11, 2017
Citation: 2017 CO 88
Docket Number: 13SC438

Justia Opinion Summary: Petitioner Jamey Robert Page entered the home of an eighty-six-year-old woman late at night and sexually assaulted her. During the assault, the victim bit Page’s tongue, causing him to bleed on her clothing. A DNA analys...

Colorado v. Clemens  
Date: September 11, 2017
Citation: 2017 CO 89
Docket Number: 14SC49

Justia Opinion Summary: In this case, the supreme court considers whether a prospective juror’s silence in response to rehabilitative questioning constitutes evidence sufficient to support a trial court’s conclusion that the juror has been reha...

Colorado v. Rock  
Date: September 11, 2017
Citation: 2017 CO 84
Docket Number: 14SC699

Justia Opinion Summary: The State sought review of the court of appeals’ judgment reversing defendant Priscilla Rock’s convictions for second degree burglary and theft. The trial court denied Rock’s request for an additional, lesser-included-of...

Colorado v. Naranjo  
Date: September 11, 2017
Citation: 2017 CO 87
Docket Number: 15SC596

Justia Opinion Summary: Gilbert Naranjo was charged with two counts of felony menacing for pointing a handgun from his vehicle toward the two occupants of another vehicle during a road-rage incident. Naranjo admitted at trial that he handled th...

Frazier v. Williams  
Date: September 11, 2017
Citation: 2017 CO 85
Docket Number: 16SA230

Justia Opinion Summary: Ryan Frazier ran as a Republican candidate for United States Senate. After the Colorado Secretary of State determined that Frazier had not gathered enough sufficient signatures to appear on the ballot, Frazier challenged...

Williams v. Libertarian Party  
Date: September 11, 2017
Citation: 2017 CO 86
Docket Number: 16SC145

Justia Opinion Summary: Gordon Roy Butt sought to run for Colorado senate for the Libertarian Party in a 2013 recall election. The Secretary of State denied his request to circulate a petition because his request came after the deadline as then...

Ravenstar v. One Ski Hill Place  
Date: September 11, 2017
Citation: 2017 CO 83
Docket Number: 16SC224

Justia Opinion Summary: In 2008, Petitioners, five Colorado companies, entered into separate contracts to buy to-be-built condominium units from Respondent, developer One Ski Hill Place, LLC (“OSHP”). Petitioners paid earnest money and construc...

Carter v. Colorado  
Date: July 31, 2017
Citation: 2017 CO 59
Docket Number: 15SC421

Justia Opinion Summary: Parish Carter was convicted of conspiracy to commit first degree murder. The district court denied his motion to suppress statements made in a videotaped interrogation, including his assertion he had not been adequately...

The People of the State of Colorado v. Priscilla Ann Rock.
Date: July 3, 2017
Docket Number: 14SC699
Colorado v. Stock  
Date: July 3, 2017
Citation: 2017 CO 80
Docket Number: 14SC870

Justia Opinion Summary: In 2011, a jury convicted Susan Stock of third degree burglary and theft for stealing money from vending machines at the hotel where she worked. The court of appeals reversed Stock’s convictions, concluding that the tria...

Keim v. Douglas County School District  
Date: July 3, 2017
Citation: 2017 CO 81
Docket Number: 15SC502

Justia Opinion Summary: The Colorado Supreme Court held that under section 2(5)(a)(IV) of the Colorado Constitution, a campaign “contribution” required that: (1) something of value (2) be given to a candidate, directly or indirectly, (3) for th...

Colorado v. Kendrick  
Date: July 3, 2017
Citation: 2017 CO 82
Docket Number: 17SA14

Justia Opinion Summary: The Colorado Supreme Court concluded the district court misinterpreted the “special circumstances” prong of section 20-1-107(2), C.R.S (2016), in finding that the circumstances at issue satisfied the high burden required...

Exec. Dir. of the Colo. Dept. of Corr. v. Fetzer  
Date: June 26, 2017
Citation: 2017 CO 77
Docket Number: 16SC361

Justia Opinion Summary: The department of corrections petitioned for review of the court of appeals’ judgment reversing a district court order denying Raymond Fetzer’s petition pursuant to C.R.C.P. 106(a)(2). Fetzer’s petition sought an order c...

N.M. v. Trujillo  
Date: June 26, 2017
Citation: 2017 CO 79
Docket Number: 16SC388

Justia Opinion Summary: While walking past respondent Alexander Trujillo’s home on his way to the playground, petitioner N.M. became frightened when Trujillo’s two pit bulls rushed at the front-yard fence. Although the dogs did not get out of t...

Mesa Cty. Public Library Dist. v. Indus. Claim Appeals Office  
Date: June 26, 2017
Citation: 2017 CO 78
Docket Number: 16SC596

Justia Opinion Summary: In this case, a hearing officer found that claimant Laurie Gomez, who was terminated from her position as public services manager with the Mesa County Public Library District (the “Library”), suffered from acute stress d...

Nicholls v. Colorado  
Date: June 19, 2017
Citation: 2017 CO 71
Docket Number: 13SC68

Justia Opinion Summary: In November 2008, a jury convicted Deborah Nicholls for the murders of her three children. On appeal, Nicholls argued, inter alia, that the trial court erred in admitting at trial the statements that her husband, Tim Nic...

Colorado v. Roman  
Date: June 19, 2017
Citation: 2017 CO 70
Docket Number: 14SC340

Justia Opinion Summary: In light of the evidence presented at trial and the instructions actually provided to the jury, the Colorado Supreme Court concluded there was no reasonable possibility that the trial court’s failure to instruct on reckl...

Roberts v. Colorado  
Date: June 19, 2017
Citation: 2017 CO 76
Docket Number: 14SC517

Justia Opinion Summary: The district court affirmed petitioner Monica Robert’s county court conviction for harassment. She appealed, arguing that pursuant to the Colorado Supreme Court’s decision in Colorado v. Pickering, 276 P.3d 553 (Colo. 20...

Gallegos Family Properties, LLC v. Colorado Groundwater Commission  
Date: June 19, 2017
Citation: 2017 CO 73
Docket Number: 15SA118

Justia Opinion Summary: The Colorado Supreme Court’s decision in this matter addressed appeals from two related cases: Gallegos Family Properties, LLC’s petition to de-designate a portion of the Upper Crow Creek Designated Ground Water Basin, a...

Colorado v. Lente  
Date: June 19, 2017
Citation: 2017 CO 74
Docket Number: 15SA331

Justia Opinion Summary: Under Amendment 64, extracting hash oil from marijuana is manufacturing marijuana—not processing marijuana plants—and therefore does not fall within Amendment 64’s protected personal uses of marijuana. When Austin Lente...

Colo. Dep't of Revenue v. Creager  
Date: June 19, 2017
Citation: 2017 CO 41M
Docket Number: 15SC226

Justia Opinion Summary: The Colorado Supreme Court granted certiorari review to determine whether “Blunt Wraps,” a type of cigar wrapper made in part of tobacco and designed to be filled with smoking material and smoked, could be taxed as “toba...

Kinder Morgan CO2 Co., L.P. v. Montezuma Cty. Bd. of Comm'rs  
Date: June 19, 2017
Citation: 2017 CO 72
Docket Number: 15SC595

Justia Opinion Summary: The Colorado Supreme Court concluded that the statutory scheme property taxation of oil and gas leaseholds authorized the retroactive tax assessment in this case. Petitioner Kinder Morgan CO2 Company, L.P., operated oil...

Carestream Health, Inc. v. Colo. Pub. Utils. Comm'n  
Date: June 19, 2017
Citation: 2017 CO 75
Docket Number: 16SA53

Justia Opinion Summary: In 2010, Carestream Health, Inc. began purchasing gas transportation services from Public Service Company of Colorado. In 2013, Public Service discovered that it had undercharged Carestream by approximately $1.26 million...

Rael v. Colorado  
Date: June 5, 2017
Citation: 2017 CO 67
Docket Number: 13SC903

Justia Opinion Summary: The issue presented for the Colorado Supreme Court’s review in this case was whether it was reversible error for a trial court in a criminal case to provide the deliberating jury with “unfettered and unsupervised access”...

Teague v. Colorado  
Date: June 5, 2017
Citation: 2017 CO 66
Docket Numbers: 14SC31, 14SC858

Justia Opinion Summary: In a combined opinion, the Colorado Supreme Court addressed whether sexual offenders had to bear the cost of their victims’ forensic medical examinations as criminal restitution. The General Assembly authorized recovery...

Colorado v. Rock  
Date: June 5, 2017
Citation: 2017 CO 58
Docket Number: 14SC699

Justia Opinion Summary: The State appealed an appellate court’s judgment reversing Priscilla Rock’s convictions for second degree burglary and theft, relating to a break in and her ex-boyfriend’s parents’ house. Defendant conceded that she ente...

State Farm v. Johnson  
Date: June 5, 2017
Citation: 2017 CO 68
Docket Number: 14SC890

Justia Opinion Summary: The Colorado Supreme Court concluded here that nothing in the language of the Colorado uninsured/underinsured motorist statute, 10-4-609 C.R.S. (2016) precluded an agent from exercising either apparent or implied authori...

Espino-Paez v. Colorado  
Date: June 5, 2017
Citation: 2017 CO 61
Docket Number: 14SC957

Justia Opinion Summary: Jose Espino-Paez pled guilty to the use of a schedule II controlled substance and received a deferred judgment. When he successfully completed the terms of the deferred judgment, his guilty plea was withdrawn and the cha...

Carter v. Colorado  
Date: June 5, 2017
Citation: 2017 CO 59
Docket Number: 15SC421

Justia Opinion Summary: Parish Carter was charged with two counts of first degree murder, bribing a witness, conspiracy to commit first degree murder, intimidation of a witness, and unlawful distribution of a controlled substance, all in connec...

Colorado v. Corrales-Castro  
Date: June 5, 2017
Citation: 2017 CO 60
Docket Number: 15SC470

Justia Opinion Summary: In 2009, defendant pled guilty to criminal impersonation, and he received a one-year deferred judgment. Defendant successfully complied with the terms of the deferred judgment, and in 2010 the court withdrew his guilty p...

Vallagio at Inverness Residential Condo. Assn. v. Metro. Homes, Inc.  
Date: June 5, 2017
Citation: 2017 CO 69
Docket Number: 15SC508

Justia Opinion Summary: This case centered on whether the Colorado Common Interest Ownership Act (“CCIOA”) permitted a developer–declarant to retain a right of consent to certain proposed amendments to a common interest community’s declaration....

Zafiro-Guillen v. Colorado
Date: June 5, 2017
Citation: 2017 CO 62
Docket Number: 15SC511
People v. Roman
Date: June 5, 2017
Citation: 2017 CO 63
Docket Number: 15SC568
Flores-Heredia v. Colorado  
Date: June 5, 2017
Citation: 2017 CO 64
Docket Number: 15SC901

Justia Opinion Summary: Jesus Flores-Heredia pled guilty to inducement and conspiracy to sell and possess with intent to sell a schedule II controlled substance, and he received a one-year deferred judgment in 1990. Although he successfully com...

Colorado v. Shoen  
Date: June 5, 2017
Citation: 2017 CO 65
Docket Number: 17SA28

Justia Opinion Summary: The State sought review of whether the trial court erred in suppressing evidence. Specifically, whether defendant Bernard Shoen’s encounter with police, during which he confessed to possessing a controlled substance, was...

Colorado v. Opana  
Date: May 30, 2017
Citation: 2017 CO 56
Docket Number: 14SC820

Justia Opinion Summary: The State appealed the reversal of Kalani Opana’s conviction for second degree murder, in the shooting death of one of his housemates. The district court instructed the jury as to the use of deadly physical force in defe...

England v. Amerigas Propane  
Date: May 30, 2017
Citation: 2017 CO 55
Docket Number: 16SC444

Justia Opinion Summary: A provision of the mandatory form settlement document promulgated by the Director of the Division of Workers’ Compensation (“Director”) did not waive an injured employee’s statutory right under section 8-43-204(1), C.R.S...

In the Matter of the Title, Ballot Title and Submission Clause for 2017  
Date: May 30, 2017
Citation: 2017 CO 57
Docket Number: 17SA6

Justia Opinion Summary: Petitioners Scott Smith and D. Michael Kopp, both registered electors, appealed the actions of the Ballot Title Setting Board (“Title Board”) regarding the setting of the title and ballot title and submission clause for...

Colorado v. Rainer  
Date: May 22, 2017
Citation: 2017 CO 50
Docket Number: 13SC408

Justia Opinion Summary: In 2000, Atorrus Rainer was convicted by jury on two counts of attempted first-degree murder, two counts of first-degree assault, one count of first-degree burglary, one count of aggravated robbery, and crime of violence...

Lucero v. Colorado  
Date: May 22, 2017
Citation: 2017 CO 49
Docket Number: 13SC624

Justia Opinion Summary: In 2006, Guy Lucero was convicted by jury for multiple offenses arising from a drive-by shooting. He was tried as an adult. The trial court sentenced Lucero to consecutive term-of-years prison sentences for each count, a...

Armstrong v. Colorado  
Date: May 22, 2017
Citation: 2017 CO 51
Docket Number: 13SC945

Justia Opinion Summary: In 1995, Cheryl Armstrong was convicted by jury on two counts of second-degree murder under a complicity theory. She was sixteen at the time of the charged offenses, and was tried as an adult. Armstrong was sentenced to...

Estrada-Huerta v. Colorado  
Date: May 22, 2017
Citation: 2017 CO 52
Docket Number: 14SC127

Justia Opinion Summary: In 2006, a jury convicted Alejandro Estrada-Huerta of second-degree kidnapping and sexual assault. Estrada-Huerta was seventeen at the time he was charged, and he was tried as an adult. The trial court sentenced Estrada-...

St. Vrain Valley Sch. Dist. RE-1J v. Loveland  
Date: May 22, 2017
Citation: 2017 CO 54
Docket Number: 15SC933

Justia Opinion Summary: A non-negligently constructed and maintained piece of playground equipment cannot be a “dangerous condition” under the Colorado Governmental Immunity Act’s recreation-area waiver. Nine-year-old Alexa Loveland fell while...

In re Villas at Highland Park Homeowners Assoc. v. Villas at Highland Park, LLC  
Date: May 22, 2017
Citation: 2017 CO 53
Docket Number: 16SA212

Justia Opinion Summary: In a construction-defect matter filed by a homeowners’ association (HOA) against several developers, an attorney for the HOA previously represented one of the developers. The developers moved to disqualify that attorney...

Colorado in the Interest of Z.T.T.  
Date: May 22, 2017
Citation: 2017 CO 48
Docket Number: 17SA23

Justia Opinion Summary: When a defendant knowingly and intelligently waives his Miranda rights, knew he was free to leave an interview, and confessed to committing a crime during the course of a conversational, friendly interview devoid of coer...

Montoya v. Colorado  
Date: May 15, 2017
Citation: 2017 CO 40
Docket Number: 12SC832

Justia Opinion Summary: Angelo Montoya and his cousin were charged by grand jury indictment with extreme indifference murder in the shooting death of a young woman at a party. The two were tried together, and although both were acquitted of the...

Colo. Dept. of Revenue v. Creager  
Date: May 15, 2017
Citation: 2017 CO 41
Docket Number: 15SC226

Justia Opinion Summary: Creager Mercantile Co., Inc., a wholesale distributor of groceries and tobacco products, sells Blunt Wraps, a type of cigar wrapper made of thirty to forty-eight percent tobacco. Blunt Wraps are designed to be filled wit...

Stoorman v. Dixon  
Date: May 15, 2017
Citation: 2017 CO 42
Docket Number: 15SC710

Justia Opinion Summary: Samuel J. Stoorman & Associates, P.C. represented Kristy Casagranda (“Wife”) during dissolution proceedings against her then-husband Brian Todd Dixon (“Husband”). The Firm asserted a charging lien for its fees under Colo...

Select Energy Servs., LLC v. K-LOW, LLC  
Date: May 15, 2017
Citation: 2017 CO 43
Docket Number: 16SA166

Justia Opinion Summary: Select Energy Services, LLC, wanted to run a water pipeline across an old, partly destroyed irrigation ditch alongside the South Platte River. An easement arising from a water right long associated with that ditch stood...

Colorado v. King  
Date: May 15, 2017
Citation: 2017 CO 44
Docket Number: 16SA170

Justia Opinion Summary: Just after midnight on September 6, 2015, Officer Luke Bishard responded to a report of a vehicle driving erratically. Officer Bishard observed defendant Melissa King’s eyes were glassy and her speech was slurred. King a...

Colorado v. Sewick  
Date: May 15, 2017
Citation: 2017 CO 45
Docket Number: 16SA171

Justia Opinion Summary: Defendant Alan Sewick was arrested for driving under the influence of alcohol (“DUI”). The arresting officer began to read Sewick an advisement consistent with Colorado’s Expressed Consent Statute, section 42-4-1301.1, C...

Colorado v. Maxwell  
Date: May 15, 2017
Citation: 2017 CO 46
Docket Number: 16SA172

Justia Opinion Summary: Officer Carlos Wilkendorf was patrolling near Lowry Park in the early hours of April 25, 2015, when he saw a black SUV parked in the parking lot despite the park being closed. He approached the vehicle and found defendan...

Colorado v. Maxwell  
Date: May 15, 2017
Citation: 2017 CO 47
Docket Number: 16SA194

Justia Opinion Summary: In 2015, defendant Depree Maxwell was involved in a car crash. Responding police officers observed that Maxwell appeared to be intoxicated. Maxwell was unable to provide his driver’s license or proof of insurance, and he...

Foster v. Plock  
Date: May 15, 2017
Citation: 2017 CO 39
Docket Number: 16SC366

Justia Opinion Summary: In 2011, Petitioner Scott Foster’s former wife, Bronwen Foster (“Wife”), filed for dissolution of marriage and hired attorney John Plock to represent her. As part of the dissolution proceedings, the trial court ordered a...

Colorado v. Romero  
Date: May 1, 2017
Citation: 2017 CO 37
Docket Number: 13SC791

Justia Opinion Summary: A trial court commits plain error when it fails to limit, sua sponte, a jury’s access to recorded statements during jury deliberations. A trial court abuses its discretion when it allows a police officer to testify as a...

McShane v. Stirling Ranch Property Owners Association, Inc.  
Date: May 1, 2017
Citation: 2017 CO 38
Docket Number: 15SC513

Justia Opinion Summary: Because the plain language of the exculpatory clauses at issue in this case did not limit the homeowner’s association’s liability, and the association, as an entity distinct from internal boards acting as its agents, cou...

Colorado v. Jacobson  
Date: April 24, 2017
Citation: 2017 CO 28
Docket Number: 14SC1007

Justia Opinion Summary: A jury convicted defendant Sandra Jacobson of vehicular homicide, driving under the influence, and other related charges arising from a collision between her truck and a taxi cab. The collision killed two of the passenge...

Martinez v. Colorado  
Date: April 24, 2017
Citation: 2017 CO 36
Docket Number: 14SC304

Justia Opinion Summary: In this case, the Supreme Court reviewed for plain error a trial court’s decision to allow the jury unfettered access, during its deliberations, to the out-of-court statements of three child sexual assault victims. These...

Colorado v. Jefferson  
Date: April 24, 2017
Citation: 2017 CO 35
Docket Number: 14SC588

Justia Opinion Summary: This case concerned the scope of a trial court’s discretion to permit, deny, or restrict the jury’s access during deliberations to a DVD containing the recorded statement of a child sexual assault victim, which DVD was a...

City & Cty. of Denver v. Expedia, Inc.  
Date: April 24, 2017
Citation: 2017 CO 32
Docket Number: 14SC634

Justia Opinion Summary: In July 2010, the City and County of Denver issued nine Notices of Final Determination, Assessment and Demand for Payment against various online travel companies: Expedia, Inc.; Hotels.com LP; Hotwire, Inc.; Orbitz, LLC;...

Colorado v. Beauvais  
Date: April 24, 2017
Citation: 2017 CO 34
Docket Number: 14SC938

Justia Opinion Summary: At issue in this case was the third step of the analysis laid out in “Batson v. Kentucky,” (476 U.S. 79 (1986)), which required trial courts to determine whether a party raising a Batson objection proved by a preponderan...

Rocky MountaIn Retail Mgmt. v. City of Northglenn  
Date: April 24, 2017
Citation: 2017 CO 33
Docket Number: 15SA215

Justia Opinion Summary: Rocky Mountain Retail Management, LLC, d/b/a Rocky Mountain High, filed an application for a license to operate a medical marijuana center in the City of Northglenn. The Northglenn City Council, acting as the City’s medi...

Denver School Dist. v. Denver Classroom Teachers Ass'n  
Date: April 24, 2017
Citation: 2017 CO 30
Docket Number: 15SC589

Justia Opinion Summary: Between 2010 and 2012, the Board of Education of School District No. 1 (“DPS Board”) approved and implemented innovation plans at eleven schools under the Innovation Schools Act of 2008 (“ISA”). Most of these schools wer...

Colorado v. Reyes-Valenzuela  
Date: April 24, 2017
Citation: 2017 CO 31
Docket Number: 16SA245

Justia Opinion Summary: Around 11:30 p.m., a concerned citizen (“the caller”) called law enforcement after witnessing a possible break-in in a partially developed residential neighborhood. The caller said he saw a person, later identified as De...

Colorado v. Larsen  
Date: April 24, 2017
Citation: 2017 CO 29
Docket Number: 16SC68

Justia Opinion Summary: Defendant Emmett Larsen was the father of S.L. and the grandfather of S.L.’s children, A.H. and K.H. S.L., along with A.H. and K.H., moved to Colorado to live with Larsen. While in Colorado, K.H. told a therapist that he...

Colorado v. Hyde  
Date: April 17, 2017
Citation: 2017 CO 24
Docket Number: 15SA291

Justia Opinion Summary: Defendant Oliver Hyde was involved in a single-vehicle accident that left him unconscious. The police suspected that he might have been driving under the influence of alcohol. Hyde was transported to the hospital, and, i...

Colorado v. Simpson  
Date: April 17, 2017
Citation: 2017 CO 25
Docket Number: 15SA330

Justia Opinion Summary: Colorado’s Expressed Consent Statute provided that any motorist who drives on the roads of the state has consented to take a blood or breath test when requested to do so by a law enforcement officer with probable cause t...

Forest City v. Rogers  
Date: April 17, 2017
Citation: 2017 CO 23
Docket Number: 15SC1089

Justia Opinion Summary: In 1990, after Denver determined that it needed a new airport, a group of citizens formed the Stapleton Redevelopment Foundation to develop the former Stapleton International Airport. The Stapleton Redevelopment Foundati...

Fitzgerald v. Colorado  
Date: April 17, 2017
Citation: 2017 CO 26
Docket Number: 15SC340

Justia Opinion Summary: In 2013, Detective Billy Todis saw defendant Daniel Fitzgerald driving erratically with a headlight out, so he pulled him over and asked him to produce his driver’s license, registration, and proof of insurance. While Fi...

In re Clean Energy Collective LLC v. Borrego Solar Sys., Inc.  
Date: April 17, 2017
Citation: 2017 CO 27
Docket Number: 16SA324

Justia Opinion Summary: This case centered on a contract dispute between Clean Energy Collective LLC (CEC) and two defendants, Borrego Solar Systems, Inc. (Borrego) and 1115 Solar Development, LLC (1115 Solar). CEC was a Colorado limited liabil...

Mosley v. Colorado  
Date: April 10, 2017
Citation: 2017 CO 20
Docket Number: 12SC143

Justia Opinion Summary: A jury convicted Victor Mosley of sexually assaulting his youngest daughter. The court of appeals later reversed his convictions and remanded the case for a new trial. Mosley argued on appeal that the trial court violate...

Delacruz v. Colorado  
Date: April 10, 2017
Citation: 2017 CO 21
Docket Number: 13SC961

Justia Opinion Summary: Gerardo Delacruz was convicted of first degree murder, attempted first degree murder, first degree assault, and prohibited use of a weapon arising from an altercation that took place at a bar in Denver. Delacruz’s convic...

JPMorgan Chase Bank N.A. v. McClure  
Date: April 10, 2017
Citation: 2017 CO 22
Docket Number: 15SC816

Justia Opinion Summary: This case concerned the relative priority of competing charging orders filed by 15 multiple judgment creditors against a foreign judgment debtor’s membership interests 16 in several Colorado limited liability companies....

In re Ferrer
Date: March 27, 2017
Citation: 2017 CO 14M
Docket Number: 15SA340
In re Goodman v. Heritage Builders  
Date: March 20, 2017
Citation: 2017 CO 13
Docket Number: 16SA193

Justia Opinion Summary: This case concerned the design and construction of a single-family residence in Pitkin County, Colorado. Heritage Builders, Inc. (“Heritage”) was retained as the general contractor by the original owners of the property,...

Veith v. Colorado  
Date: March 6, 2017
Citation: 2017 CO 19
Docket Number: 14SC1021

Justia Opinion Summary: Petitioner Austin Veith pleaded guilty to theft and securities fraud. He asked the trial court to sentence him to probation instead of a term of incarceration. The trial court rejected his request for probation with no i...

Marsh v. Colorado  
Date: February 27, 2017
Citation: 2017 CO 10M
Docket Number: 12SC102

Justia Opinion Summary: A jury convicted petitioner Anthony Marsh of sexually assaulting three of his granddaughters and possessing more than twenty images depicting child pornography. Marsh appealed, and the court of appeals affirmed his convi...

Scott v. Colorado  
Date: February 27, 2017
Citation: 2017 CO 16
Docket Number: 12SC966

Justia Opinion Summary: This case presented two issues for the Supreme Court’s review: (1) whether a double jeopardy claim can be raised for the first time on appeal; and (2) whether defendant William Costello Scott’s convictions for both aggra...

Zubiate v. Colorado  
Date: February 27, 2017
Citation: 2017 CO 17
Docket Number: 13SC480

Justia Opinion Summary: In this case, the issues presented for the Colorado Supreme Court’s review implicated: (1) whether a defendant may raise his or her unpreserved double jeopardy claim for the first time on appeal and, if so, what standard...

Reyna-Abarca v. Colorado  
Date: February 27, 2017
Citation: 2017 CO 15
Docket Numbers: 13SC725, 13SC750, 14SC3, 14SC7

Justia Opinion Summary: Four cases raised the ultimate question of whether driving under the influence (“DUI”) was a lesser included offense of either vehicular assault-DUI or vehicular homicide-DUI, and presented the Supreme Court with an oppo...

Colorado v. Zadra  
Date: February 27, 2017
Citation: 2017 CO 18
Docket Numbers: 14SC25, 15SC262

Justia Opinion Summary: These cases presented issues of whether double jeopardy claims could be raised for the first time on direct appeal and, if so, what standard of review applied. The Colorado Supreme Court addressed these same issues in fo...

In re Ferrer  
Date: February 27, 2017
Citation: 2017 CO 14
Docket Number: 15SA340

Justia Opinion Summary: Plaintiff Jessica Ferrer and her companion, Kathryn Winslow, were injured when a taxicab driven by Tesfamariam Okbamicael struck them as they crossed a street in Denver. Okbamicael worked for Colorado Cab Company (“Yello...

In re Goodman v. Heritage Builders  
Date: February 27, 2017
Citation: 2017 CO 13
Docket Number: 16SA193

Justia Opinion Summary: This case centered on the design and construction of a single-family residence in Pitkin County, Colorado. Heritage Builders, Inc. (“Heritage”) was retained as the general contractor by the original owners of the propert...

Nagi v. California  
Date: February 21, 2017
Citation: 2017 CO 12
Docket Number: 14SC218

Justia Opinion Summary: Petitioner-defendant Farouk Nagi appealed the court of appeals’ judgment affirming his conviction and sentence for sexual assault on a child by one of a position of trust. He also argued the district court lacked suffici...

Youngquist v. Miner  
Date: February 21, 2017
Citation: 2017 CO 11
Docket Number: 16SC283

Justia Opinion Summary: At issue in this case was whether Colorado had jurisdiction to award benefits for out-of-state work-related injuries and to impose a statutorily penalty on an employer under 8-41-204, C.R.S. (2016), when the employer was...

Venalonzo v. Colorado  
Date: February 6, 2017
Citation: 2017 CO 9
Docket Number: 11SC878

Justia Opinion Summary: In 2006, respondent Ruben Ramos was riding in the front passenger seat of a car driven by his girlfriend. His girlfriend’s three children were seated in the backseat along with R.L., his girlfriend’s friend. The girlfrie...

Marsh v. Colorado  
Date: February 6, 2017
Citation: 2017 CO 10
Docket Number: 12SC102

Justia Opinion Summary: A jury convicted petitioner Anthony Edwin Marsh of sexually assaulting three of his granddaughters and possessing more than twenty images depicting child pornography. Marsh appealed, and the court of appeals affirmed hi...

Colorado v. Ramos  
Date: February 6, 2017
Citation: 2017 CO 6
Docket Number: 13SC105

Justia Opinion Summary: In 2006, respondent Ruben Ramos was riding in the front passenger seat of a car driven by his girlfriend. His girlfriend’s three children were seated in the backseat along with R.L., his girlfriend’s friend. The girlfrie...

Colorado v. Molina  
Date: February 6, 2017
Citation: 2017 CO 7
Docket Number: 14SC498

Justia Opinion Summary: The defendant in this case, Daniela Molina, used the last name and social security number (SSN) of another person, D.K., to obtain an apartment lease and employment. A jury later convicted Molina of two counts of identit...

Colorado v. Cox  
Date: February 6, 2017
Citation: 2017 CO 8
Docket Number: 16SA187

Justia Opinion Summary: Trooper Joseph Ynostroza stopped John Cox for driving in the left lane. During the stop, the Trooper observed several factors that led him to suspect that there might be evidence of illegal activity in the trunk of the...

Colorado v. Crouse  
Date: January 23, 2017
Citation: 2017 CO 5
Docket Number: 14SC109

Justia Opinion Summary: The Colorado medical marijuana constitutional amendment required law enforcement officers to return medical marijuana seized from individuals later acquitted of state drug charges. The federal Controlled Substances Act (...

Russell v. Colorado  
Date: January 17, 2017
Citation: 2017 CO 3
Docket Number: 14SC396

Justia Opinion Summary: In 2010, defendant Brandi Russell and her husband brought their infant to a hospital with a broken leg. Worried that the child may have been abused, a doctor contacted a social worker, who then contacted the Department o...

Colorado v. Wolf  
Date: January 17, 2017
Citation: 2017 CO 4
Docket Number: 15SC742

Justia Opinion Summary: In 2012, police arrested respondent Alexander Wolf after a search of his car netted various narcotics, including less than one ounce of marijuana. Respondent was ultimately charged with possession, and pertinent to this...

Colorado v. Boyd  
Date: January 17, 2017
Citation: 2017 CO 2
Docket Number: 15SC752

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether Amendment 64 to the Colorado Constitution (legalizing possession of small amounts of marijuana) deprived the State the power to continue to...

In re Marriage of Gromicko  
Date: January 9, 2017
Citation: 2017 CO 1
Docket Number: 16SA199

Justia Opinion Summary: In 2015, Lisa Grimicko (Wife) filed a petition for dissolution of marriage. In it, she petitioned for spousal maintenance and an equitable division of the marital assets and debts. Wife sought information from Nickifor G...

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