Colorado Supreme Court Decisions 2018

Marko v. Colorado  
Date: December 17, 2018
Citation: 2018 CO 97
Docket Number: 15SC977

Justia Opinion Summary: Nineteen-year-old J.L. was reported missing after she failed to return home on the evening of October 10, 2008. Following a search of the family computer, officers from the El Paso County Sheriff’s Office (EPCS) determin...

Thompson v. Catlin  
Date: December 10, 2018
Citation: 2018 CO 95
Docket Number: 16SC916

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review were the insurance proceeds owed to petitioners Rosalin Rogers and Mark Thompson because of a failed property investment orchestrated by their broker-...

Cowen v. Colorado  
Date: December 10, 2018
Citation: 2018 CO 96
Docket Number: 16SC952

Justia Opinion Summary: Jared Cowen owned a semi-truck that needed extensive maintenance. To pay the $37,485.65 repair bill, Cowen borrowed $15,000 from his brother and wrote two checks from his company’s bank account, one for $9,327.65 and the...

Ruibal v. Colorado  
Date: December 3, 2018
Citation: 2018 CO 93
Docket Number: 15SC504

Justia Opinion Summary: George Ruibal appealed the court of appeals’ judgment affirming his conviction for second degree murder. Over defense objection and without taking evidence or making any findings as to reliability, the trial court admitt...

Mountjoy v. Colorado  
Date: December 3, 2018
Citation: 2018 CO 92M
Docket Number: 16SC653

Justia Opinion Summary: Christopher Mountjoy was convicted of reckless manslaughter, illegal discharge of a firearm, and tampering with physical evidence after he shot and killed V.M. outside of a motorcycle clubhouse. During sentencing, the tr...

In re Fox v. Alfini  
Date: December 3, 2018
Citation: 2018 CO 94
Docket Number: 18SA92

Justia Opinion Summary: At issue in this appeal was a district court’s order compelling production of a recording of petitioner Kayla Fox’s initial consultation with her attorney. The district court determined that the recording was not subject...

Mountjoy v. Colorado  
Date: November 19, 2018
Citation: 2018 CO 92
Docket Number: 16SC653

Justia Opinion Summary: Christopher Mountjoy was convicted of reckless manslaughter, illegal discharge of a firearm, and tampering with physical evidence after he shot and killed V.M. outside of a bar for which he worked security. During senten...

Friend v. Colorado  
Date: November 13, 2018
Citation: 2018 CO 90
Docket Number: 14SC997

Justia Opinion Summary: This case involves the death of four-year-old MB, the daughter of petitioner Mark Friend’s girlfriend. During an interview with law enforcement on the day that MB was transported to the hospital (and before she died), Fr...

Colorado v. Janis  
Date: November 13, 2018
Citation: 2018 CO 89
Docket Number: 16SC515

Justia Opinion Summary: Erin Janis stabbed a man outside of a bar in Denver. The State charged Janis with first degree assault. She claimed self-defense, and the case went to trial. Although in custody, Janis asked through trial counsel to leav...

Colorado v. Sease  
Date: November 13, 2018
Citation: 2018 CO 91
Docket Number: 17SA130

Justia Opinion Summary: The water court concluded Robert Sease diverted water from Sheep Creek in violation of a 2013 order, which forbade him to use out-of-priority water from Sheep Creek on his Saguache County property (“the Sease Ranch”). Th...

Schultz v. GEICO Casualty Company  
Date: November 5, 2018
Citation: 2018 CO 87
Docket Number: 18SA135

Justia Opinion Summary: Plaintiff-petitioner Charissa Schultz was injured in a 2015 car accident in which the other driver failed to stop at a stop sign. The other driver’s insurance company settled for its $25,000 policy limit, and Schultz mad...

Colorado v. Cox  
Date: November 5, 2018
Citation: 2018 CO 88
Docket Number: 18SA204

Justia Opinion Summary: Believing there was a large marijuana grow on the agricultural and residential land owned by defendant David Cox, law enforcement officers obtained a warrant to search his home and packing shed. Cox was charged with mult...

In re Marriage of Rooks  
Date: October 29, 2018
Citation: 2018 CO 85
Docket Number: 16SC906

Justia Opinion Summary: A written agreement with a fertility clinic failed to specify what should have been done with remaining pre-embryos in the event of divorce. The Colorado Supreme Court was asked to decide how a court should determine, in...

Colorado v. Lozano-Ruiz  
Date: October 29, 2018
Citation: 2018 CO 86
Docket Number: 17SC195

Justia Opinion Summary: The Colorado Supreme Court granted review an order reversing the sexual assault conviction of defendant Rodolfo Lozano-Ruiz, due to the county court’s failure to provide a jury instruction containing the statutory defini...

Casillas v. Colorado  
Date: October 15, 2018
Citation: 2018 CO 78M
Docket Number: 15SC292

Justia Opinion Summary: In 2008, a juvenile probation officer swabbed the cheek of Petitioner Ismael Casillas, then a juvenile, to collect a DNA sample. The probation officer’s collection of Casillas’s DNA violated C.R.S. 19-2-925.6(1) because...

Colorado v. DeGreat  
Date: October 15, 2018
Citation: 2018 CO 83
Docket Number: 15SC754

Justia Opinion Summary: Prosecutors charged respondent Edward DeGreat with attempted second degree murder, first degree assault, and aggravated robbery arising out of an incident in which DeGreat did not pay his taxi fare after an altercation w...

Zapata v. Colorado  
Date: October 15, 2018
Citation: 2018 CO 82
Docket Number: 16SC552

Justia Opinion Summary: Petitioner Nicholas Zapata and Jose Murillo entered a convenience store. Murillo darted behind the checkout counter, where he used a knife to attack the clerk, the only other person in the store. Zapata watched the attac...

Ybarra v. Greenberg & Sada, P.C.  
Date: October 15, 2018
Citation: 2018 CO 81
Docket Number: 16SC721

Justia Opinion Summary: Francis Ybarra filed suit against the law firm of Greenberg & Sada, alleging that it violated the Colorado Fair Debt Collection Practices Act by obtaining a judgment against her in the Denver County Court on behalf of St...

Colorado v. Bailey  
Date: October 15, 2018
Citation: 2018 CO 84
Docket Number: 18SA169

Justia Opinion Summary: In an interlocutory appeal, the issue this case presented for the Colorado Supreme Court’s review centered on whether the trial court erred in ruling that state troopers lacked probable cause to search defendant’s car wh...

Casillas v. Colorado  
Date: September 24, 2018
Citation: 2018 CO 78
Docket Number: 15SC292

Justia Opinion Summary: In 2008, a juvenile probation officer swabbed the cheek of Petitioner Ismael Casillas, then a juvenile, to collect a DNA sample. Colorado law required certain juvenile offenders to submit to collection of their DNA for t...

Estate of Daniel Brookoff, M.D., v. Clark  
Date: September 24, 2018
Citation: 2018 CO 80
Docket Number: 16SC676

Justia Opinion Summary: Alexander Clark brought a medical malpractice lawsuit against the estate of his late pain management specialist, Dr. Daniel Brookoff. Clark claimed Dr. Brookoff negligently prescribed a prolonged course of drugs to allev...

Bewley v. Semler  
Date: September 24, 2018
Citation: 2018 CO 79
Docket Number: 16SC849

Justia Opinion Summary: R. Parker Semler, a member of a condominium association, filed a breach-of- contract claim against the law firm that employed the association’s attorney. He alleged the attorney had a contract with the association’s pres...

Johnson v. Schonlaw  
Date: September 17, 2018
Citation: 2018 CO 73
Docket Number: 16SC114

Justia Opinion Summary: Petitioner Albert Johnson sought review of the court of appeals’ judgment reversing jury verdicts in his favor on personal injury claims against Ryan Schonlaw and VCG Restaurants of Denver, Inc. At the close of the case,...

James v. Colorado  
Date: September 17, 2018
Citation: 2018 CO 72
Docket Number: 16SC81

Justia Opinion Summary: Petitioner Dustin James sought review of the court of appeals’ judgment affirming his conviction for possession of methamphetamine. Upon realizing that it had failed to discharge the alternate juror before the jury retir...

Colorado v. Gutierrez  
Date: September 17, 2018
Citation: 2018 CO 75
Docket Number: 17SA183

Justia Opinion Summary: Jairo Perez was shot and killed in his garage. A witness later positively identified defendant Daniel Gutierrez as the murderer in a police photo array. Gutierrez filed several motions that required pretrial evidentiary...

Perfect Place v. Semler  
Date: September 17, 2018
Citation: 2018 CO 74
Docket Number: 17SC115

Justia Opinion Summary: This quiet title action called on the Colorado Supreme Court to determine whether the owner of a garage condominium unit could validly subdivide that unit under section 38-33.3-213, C.R.S. (2018) of the Colorado Common I...

Lewis v. Taylor  
Date: September 17, 2018
Citation: 2018 CO 76
Docket Number: 17SC241

Justia Opinion Summary: Steve Taylor unwittingly invested millions of dollars in what proved to be a massive Ponzi scheme. Before the scheme’s collapse, Taylor fortuitously withdrew his entire investment, plus nearly half a million dollars in p...

Colorado v. Brooks  
Date: September 17, 2018
Citation: 2018 CO 77
Docket Number: 18SA90

Justia Opinion Summary: Based on acts that defendant Curtis Brooks committed when he was fifteen years old, prosecutors charged him as an adult with felony murder and other crimes. After a jury convicted Brooks on multiple counts, including the...

Zoll v. Colorado  
Date: September 10, 2018
Citation: 2018 CO 70
Docket Number: 15SC163

Justia Opinion Summary: A jury found petitioner Matthew Zoll guilty of second degree assault on a peace officer, criminal impersonation, and two counts of resisting arrest. The trial court adjudicated Zoll a habitual criminal and sentenced him...

Przekurat v. Torres  
Date: September 10, 2018
Citation: 2018 CO 69
Docket Number: 17SC15

Justia Opinion Summary: In 2011, Defendants Mitchell Davis, Samuel Stimson, Peter Stimson, and Christopher Torres threw a party at a house they were renting in Boulder to celebrate one defendant’s birthday and another’s college graduation. They...

Munoz v. Am. Fam. Ins. Co.  
Date: September 10, 2018
Citation: 2018 CO 68
Docket Number: 17SC247

Justia Opinion Summary: At issue before the Colorado Supreme Court in this matter was the issue of whether an insured was entitled to collect prejudgment interest when he settles an uninsured motorist claim (“UM claim”) with his insurer in lieu...

Colorado v. Pappan  
Date: September 10, 2018
Citation: 2018 CO 71
Docket Number: 18SA56

Justia Opinion Summary: The State brought this interlocutory appeal seeking review of a trial court’s order suppressing evidence of two laser-sight rifles seized during a warrantless search of defendant Michael Pappan’s residence. Around 6:40 i...

Colorado v. Stellabotte  
Date: July 2, 2018
Citation: 2018 CO 66
Docket Number: 16SC661

Justia Opinion Summary: Respondent John Stellabotte owned a towing company that he used to illegally tow cars and then demand payment from the owners. At the time he did this, his thefts constituted a class 4 felony. But before he had been conv...

Colorado v. Patton  
Date: July 2, 2018
Citation: 2018 CO 67
Docket Number: 16SC744

Justia Opinion Summary: Respondent James Patton stole two camcorders worth about $1700 total in 2009. At the time, theft for the value of the two camcorders constituted a class 4 felony. But in 2013, the Colorado General Assembly changed the th...

Colorow Health Care, LLC v. Fischer  
Date: July 2, 2018
Citation: 2018 CO 52M
Docket Number: 16SC814

Justia Opinion Summary: When Charlotte Fischer moved into a nursing home, she received an admissions packet full of forms. Among them was an agreement that compelled arbitration of certain legal disputes. The Health Care Availability Act (“HCAA...

Castillo v. Colorado  
Date: June 25, 2018
Citation: 2018 CO 62
Docket Number: 14sc990

Justia Opinion Summary: Petitioner Andres Castillo admitted he fired a shotgun at several people, including two police officers, in a crowded parking lot after a night out celebrating his wife’s birthday in downtown Denver. But he claimed he ac...

In the Matter of James C. Wollrab
Date: June 25, 2018
Citation: 2018 CO 64
Docket Number: 17sa165
In re Rains  
Date: June 25, 2018
Citation: 2018 CO 61
Docket Number: 17sa248

Justia Opinion Summary: At issue in this case was whether the trial court abused its discretion in granting the plaintiffs’ motion for a new trial after a jury found that the defendants, two pilots, were not negligent during a near collision th...

Coors Brewing Co. v. City of Golden  
Date: June 25, 2018
Citation: 2018 CO 63
Docket Number: 17sa55

Justia Opinion Summary: This case centered on Coors Brewing Company’s application to amend its decreed augmentation plans to authorize the reuse and successive use of return flows from water that Coors diverted out of priority pursuant to those...

McMullin v. Hauer  
Date: June 18, 2018
Citation: 2018 CO 57
Docket Number: 15SC701

Justia Opinion Summary: This land dispute concerned the ownership of seventeen acres of “common open space” in a purported common-interest community. Petitioners Crea and Martha McMullin (“the McMullins”) acquired thirty acres of land in Rio Bl...

U.S. Welding, Inc. v. Advanced Circuits, Inc.  
Date: June 18, 2018
Citation: 2018 CO 56
Docket Number: 16SC365

Justia Opinion Summary: U.S. Welding sought review of the court of appeals’ judgment affirming the district court’s order awarding it no damages whatsoever for breach of contract with Advanced Circuits. Notwithstanding its determination followi...

City of Boulder v. Public Service Company of Colorado  
Date: June 18, 2018
Citation: 2018 CO 59
Docket Number: 16SC894

Justia Opinion Summary: This case arose from respondent Public Service Company of Colorado’s (“Xcel’s”) challenge to the City of Boulder’s attempt to create a light and power utility. Xcel argued that the ordinance establishing the utility, Ord...

Roberts v. Bruce  
Date: June 18, 2018
Citation: 2018 CO 58
Docket Number: 17SC55

Justia Opinion Summary: This case concerned the improper administration of a trust and resulting litigation. Della Roberts created the trust at issue with the help of her only son, James Roberts, shortly before she died in 1996. James Roberts w...

Colorado v. Stackhouse  
Date: June 18, 2018
Citation: 2018 CO 60
Docket Number: 18SA26

Justia Opinion Summary: In 2008, James Stackhouse was charged with one count of sexual assault on a child by one in a position of trust, a class-three felony, one count of sexual assault on a child, a class-four felony, and the sentence enhance...

Verigan v. Colorado  
Date: June 11, 2018
Citation: 2018 CO 53
Docket Number: 15SC931

Justia Opinion Summary: After pulling over Kimberlie Verigan’s car during a traffic stop, police noticed potential contraband in the car. Police then searched the car and without providing Miranda warnings. After Verigan admitted to possessing...

Rocky Mountain Exploration, Inc. and RMEI Bakken Joint Venture  
Date: June 11, 2018
Citation: 2018 CO 54
Docket Number: 16SC305

Justia Opinion Summary: This case arose from a series of transactions in which petitioners Rocky Mountain Exploration, Inc. and RMEI Bakken Joint Venture Group (collectively, “RMEI”) sold oil and gas assets to Lario Oil and Gas Company (“Lario”...

Colorow Health Care, LLC v. Fischer  
Date: June 11, 2018
Citation: 2018 CO 52
Docket Number: 16SC814

Justia Opinion Summary: Charlotte Fischer was moved into a nursing home; after she died, her family initiated a wrongful death action against the health care facility in court. Citing a clause in the admissions agreement, the health care facili...

In re Colorado v. Shank  
Date: June 11, 2018
Citation: 2018 CO 51
Docket Number: 17Sa113

Justia Opinion Summary: At issue before the Colorado Supreme Court was whether the Office of the State Public Defender (“the P.D.”) was authorized to represent an indigent party in a civil forfeiture proceeding. The State argued that the P.D. d...

Jim Hutton Educ. Found. v. Rein  
Date: June 11, 2018
Citation: 2018 CO 38M
Docket Number: 17SA5

Justia Opinion Summary: The Jim Hutton Foundation (“Foundation”) owned surface-water rights in the Republican River Basin. The Foundation believed that permitted groundwater wells that people had begun to install in the underlying groundwater b...

In re Colorado v. Sir Mario Owens  
Date: June 11, 2018
Citation: 2018 CO 55
Docket Number: 18SA19

Justia Opinion Summary: Defendant Sir Mario Owens was convicted of first-degree murder and sentenced to death in 2008. In 2017, the trial court denied defendant's motion for post-conviction relief pursuant to Crim. P. 32.2, as well as his relat...

Gessler v. Smith  
Date: June 4, 2018
Citation: 2018 CO 48
Docket Number: 15SC462

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's consideration centered on whether Colorado’s Independent Ethics Commission (“the IEC”) had jurisdiction pursuant to article XXIX of the state constitution to...

State Farm v. Griggs  
Date: June 4, 2018
Citation: 2018 CO 50
Docket Number: 17SA299

Justia Opinion Summary: This case concerned a discovery dispute arising out of an automobile accident in which Gary Griggs, a driver insured by State Farm, injured Susan Goddard and several others. State Farm sought a declaratory judgment that...

Renfandt v. New York Life Insurance Company  
Date: June 4, 2018
Citation: 2018 CO 49
Docket Number: 17SA64

Justia Opinion Summary: The United States District Court for the District of Colorado certified a question of law to the Colorado Supreme Court. The question asked for an interpretation of the meaning of the words “suicide, sane or insane,” whe...

Mason v. Farm Credit S. Colo., ACA  
Date: June 4, 2018
Citation: 2018 CO 46
Docket Number: 17SC346

Justia Opinion Summary: In this case, at issue was whether the petitioner was entitled to a jury trial under Rule 38 of the Colorado Rules of Civil Procedure. Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in Otero Coun...

In re Colorado v. Austin  
Date: June 4, 2018
Citation: 2018 CO 47
Docket Number: 18SA1

Justia Opinion Summary: Ilyias Austin petitioned for relief after a district court denied his motion for a preliminary hearing. The Colorado Supreme Court determined Austin was charged by information with a class 4 felony committed as a “crime...

Colorado v. Delage  
Date: May 29, 2018
Citation: 2018 CO 45
Docket Number: 15SC630

Justia Opinion Summary: This case presented the Colorado Supreme Court an opportunity to clarify whether the voluntariness of consent to a search in Colorado had to be proven by “clear and convincing evidence” or by “a preponderance of the evid...

Am. Family Mut. Ins. Co. v. Barriga  
Date: May 29, 2018
Citation: 2018 CO 42
Docket Number: 15SC934

Justia Opinion Summary: In 2009, a fire started in an apartment building owned by respondents Guillermo and Evelia Barriga and insured by petitioner American Family Mutual Insurance Company (“American Family”). American Family made various paym...

Rooftop Restoration, Inc. v. Am. Family Mut. Ins. Co.  
Date: May 29, 2018
Citation: 2018 CO 44
Docket Number: 17SA31

Justia Opinion Summary: The U.S. District Court for the District of Colorado certified a question of Colorado law to the Colorado Supreme Court regarding the statute of limitations applicable to section 10-3-1116, C.R.S. (2017), which governed...

Guarantee Trust Life Ins. Co. v. Estate of Casper  
Date: May 29, 2018
Citation: 2018 CO 43
Docket Number: 17SC2

Justia Opinion Summary: Nine days after the jury returned its verdict, but before the trial court reduced that verdict to a written and signed judgment, Michael Casper died. Consequently, the defendant, Guarantee Trust Life Insurance Company (“...

State Farm v. Fisher  
Date: May 21, 2018
Citation: 2018 CO 39
Docket Number: 15SC472

Justia Opinion Summary: An underinsured motorist struck a car driven by Dale Fisher, causing Fisher injuries requiring over $60,000 in medical care. Fisher was not at fault, and he was covered under multiple State Farm underinsured motorist (“U...

Colorado Union of Taxpayers Found. v City of Aspen  
Date: May 21, 2018
Citation: 2018 CO 36
Docket Number: 16SC377

Justia Opinion Summary: In 2011, the City of Aspen adopted an ordinance which imposed a regulatory scheme designed to meet the city council’s “duty to protect the natural environment and the health of its citizens and visitors.” Under the ordin...

City & Cty. of Denver v. Dennis ex. rel. Heyboer  
Date: May 21, 2018
Citation: 2018 CO 37
Docket Number: 16SC851

Justia Opinion Summary: Doreen Heyboer was a passenger on a motorcycle involved in an accident with an automobile in Denver and suffered catastrophic injuries. As a result of her injuries, her conservator sued the City and County of Denver, all...

Jim Hutton Educ. Found. v. Rein  
Date: May 21, 2018
Citation: 2018 CO 38
Docket Number: 17SA5

Justia Opinion Summary: The Jim Hutton Educational Foundation, a surface-water user, claimed that a statute prohibiting any challenge to a designated groundwater basin that would alter the basin’s boundaries to exclude a permitted well was unco...

Parocha v. Parocha  
Date: May 21, 2018
Citation: 2018 CO 41
Docket Number: 17SC406

Justia Opinion Summary: Megan Parocha fled from New Jersey to Colorado to escape her abusive spouse. Her husband, who knew that she had come to join her family in Colorado, contacted her almost daily. When she expressed reservations about retur...

Colorado v. Ehrnstein  
Date: May 21, 2018
Citation: 2018 CO 40
Docket Number: 18SA24

Justia Opinion Summary: Appellee David Ehrnstein was convicted by jury of incest against L.E. He filed a motion for a new trial, alleging that one of his trial prosecutors and the victim advocate in his case had instructed L.E. to avoid a defen...

Kuhn v. Williams
Date: May 14, 2018
Citation: 2018 CO 30M
Docket Number: 18SA176
Colorado v. Rediger  
Date: April 30, 2018
Citation: 2018 CO 32
Docket Number: 15SC326

Justia Opinion Summary: David Rediger drove to the Rocky Mountain Youth Academy (the “Academy”) to speak with Stacey Holland, the Academy’s owner and director. Holland and her husband had accused Rediger of stealing hay from their property, and...

Colorado in Interest of L.M.  
Date: April 30, 2018
Citation: 2018 CO 34
Docket Number: 16SC287

Justia Opinion Summary: The Alamosa County Department of Human Services interviewed Mother, who admitted that she was addicted to prescription medications, although she denied selling drugs from her home. Mother had a history of prior referrals...

Colorado v. Smith  
Date: April 30, 2018
Citation: 2018 CO 33
Docket Number: 16SC313

Justia Opinion Summary: In this case the Colorado Supreme Court considered two issues: (1) whether defendant Adam Smith waived or invited error with respect to his claim of a prejudicial simple variance when defense counsel stated that the prop...

Colorado in Interest of R.S.  
Date: April 30, 2018
Citation: 2018 CO 31
Docket Number: 16SC970

Justia Opinion Summary: The Arapahoe County Department of Human Services filed a petition in dependency or neglect concerning minor child R.S., and naming both parents as respondents. The mother requested a bench trial to adjudicate the depende...

Colorado v. Taylor  
Date: April 30, 2018
Citation: 2018 CO 35
Docket Number: 17SA110

Justia Opinion Summary: In an interlocutory appeal, the Colorado Supreme Court reviewed a district court order suppressing drug evidence that the defendant dropped on the ground when he was approached by the police on the street. The Supreme Co...

TABOR Foundation v. Regional Transportation District  
Date: April 23, 2018
Citation: 2018 CO 29
Docket Number: 16SC639

Justia Opinion Summary: The Regional Transportation District and the Scientific and Cultural Facilities District were funded by a broad sales tax with a few exemptions. Over time, Colorado lawmakers added and removed exemptions. As the exemptio...

Kuhn v. Williams  
Date: April 23, 2018
Citation: 2018 CO 30
Docket Number: 18SA176

Justia Opinion Summary: The Colorado Supreme Court ruled Representative Doug Lamborn could not appear on the primary ballot in his district because of a problem with his ballot petitions. The Court ruled a petition circulator working for Lambor...

Colorado v. Quick  
Date: April 16, 2018
Citation: 2018 CO 28
Docket Number: 16SA320

Justia Opinion Summary: Following a stop and inventory search of his car, Therrold Quick was charged with possession of a weapon by a previous offender, violation of a protection order, driving under restraint, and violation of a traffic contro...

Colorado v. Brown  
Date: April 16, 2018
Citation: 2018 CO 27
Docket Number: 16SC922

Justia Opinion Summary: Carl Brown was charged with and convicted of possession with intent to distribute a schedule II controlled substance, stemming from the discovery of crack cocaine during an inventory search of his vehicle. He was sentenc...

Meza v. Colorado  
Date: April 9, 2018
Citation: 2018 CO 23
Docket Number: 15SC518

Justia Opinion Summary: Carlos Meza pled guilty, pursuant to a plea agreement, to the Class A Traffic Infraction of “Limitations on backing.” Although defendant was present at the providency hearing, his guilty plea consisted merely of acknowle...

Colorado v. Belibi  
Date: April 9, 2018
Citation: 2018 CO 24
Docket Number: 15SC535

Justia Opinion Summary: The State sought review of a court of appeals judgment that reversed an amended restitution order that substantially increased defendant Franck Belibi after he was convicted. Following the acceptance of Belibi’s guilty p...

Front Range Resources, LLC v. Colorado Ground Water Commission  
Date: April 9, 2018
Citation: 2018 CO 25
Docket Number: 16sa243

Justia Opinion Summary: Front Range Resources, LLC, a private company that owned or managed various water rights, applied for a replacement plan in the Lost Creek Designated Ground Water Basin. Under the plan, Front Range sought to divert water...

Sandstead-Corona v. Sandstead  
Date: April 9, 2018
Citation: 2018 CO 26
Docket Number: 16sc386

Justia Opinion Summary: This case involved a dispute between two sisters, Shauna Sandstead-Corona (“Corona”) and Vicki Jo Sandstead (“Sandstead”), over how to divide their mother Auriel Sandstead’s (“Auriel”) estate. Prior to her death, Auriel...

Gadeco, LLC v. Grynberg  
Date: April 9, 2018
Citation: 2018 CO 22
Docket Number: 17SA247

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether defendant Jack Grynberg impliedly waived the physician–patient privilege by either: (1) requesting specific performance of a contr...

Colorado v. Sandoval  
Date: March 26, 2018
Citation: 2018 CO 21
Docket Number: 16sc276

Justia Opinion Summary: Alfred Sandoval was charged with first degree assault (a class three felony), and possession of a weapon by a previous offender (a class five felony). Sandoval entered into a plea agreement to the reduced charge of felon...

Colorado v. Washam  
Date: March 19, 2018
Citation: 2018 CO 19
Docket Number: 15SC469

Justia Opinion Summary: Defendant-appellant James Washam, III was charged by information with twelve counts of sexual assault on a child. A portion of the charged date range fell outside of the applicable statute of limitations. After trial beg...

Love v. Klosky  
Date: March 19, 2018
Citation: 2018 CO 20
Docket Number: 16SC815

Justia Opinion Summary: Carol Bishop and Mark Klosky (“Klosky”), and Shannon and Keith Love (the Loves) owned adjacent parcels of land in a residential neighborhood. Klosky wanted to remove a large tree sitting primarily on their property, but...

Ybanez v. Colorado  
Date: March 12, 2018
Citation: 2018 CO 16
Docket Number: 14SC190

Justia Opinion Summary: Petitioner Nathan Ybanez petitioned for review of the court of appeals’ judgment affirming his conviction of first degree murder and directing that his sentence of life without the possibility of parole be modified only...

Johnson v. Sch. Dist. No. 1  
Date: March 12, 2018
Citation: 2018 CO 17
Docket Number: 15SA281

Justia Opinion Summary: The Tenth Circuit Court of Appeals certified two questions of Colorado law to the Colorado Supreme Court. The questions stemmed from an action brought by teacher Linda Johnson against Denver School District No. 1 (“the D...

Sch. Dist. No. 1 v. Masters  
Date: March 12, 2018
Citation: 2018 CO 18
Docket Number: 15SC1062

Justia Opinion Summary: Teachers who worked for Denver Public Schools (“DPS”), and Denver Classroom Teachers Association (collectively, “the teachers”), filed this suit, alleging that DPS invoked Senate Bill 10-191, which under certain circumst...

In re Bailey v. Hermacinski  
Date: March 5, 2018
Citation: 2018 CO 14
Docket Number: 17SA20

Justia Opinion Summary: Defendants sought ex parte interviews with a number of non-party medical providers in this medical malpractice action. Because of this, an issue arose regarding the scope of the physician–patient privilege in medical-mal...

Hernandez v. Ray Domenico Farms, Inc.  
Date: March 5, 2018
Citation: 2018 CO 15
Docket Number: 17SA77

Justia Opinion Summary: The United States District Court for the District of Colorado certified a question of Colorado law to the Colorado Supreme Court. Defendant Ray Domenico Farms, Inc. grew organic vegetables. Plaintiffs were three year-rou...

Glen Law Galloway v. The People of the State of Colorado
Date: March 5, 2018
Docket Number: 18SA33
The People of the State of Colorado v. Marliese Marie Schreiber
Date: February 26, 2018
Docket Number: 17SA277
Pernell v. Colorado  
Date: February 20, 2018
Citation: 2018 CO 13
Docket Number: 15SC3

Justia Opinion Summary: A jury convicted Defendant Christopher Pernell of several charges, including burglary, kidnapping, and sexual assault. The prosecution alleged that Pernell showed up at his ex-wife’s house uninvited; forced his way into...

Burton v. Colorado Access & No.  
Date: February 12, 2018
Citation: 2018 CO 11
Docket Number: 15SC801

Justia Opinion Summary: Caroline Burton and Brenda Olivar submitted claims for long-term disability benefits to insurance companies under employee-benefits plans set up by their employers (“the Plans”). The insurance companies denied Burton’s a...

Oakwood Holdings, LLC v. Mortgage Investments Enterprises, LLC  
Date: February 12, 2018
Citation: 2018 CO 12
Docket Number: 16SC666

Justia Opinion Summary: Petitioner Oakwood Holdings, LLC and respondent Mortgage Investments Enterprises LLC each claimed a right to the deed on a piece of foreclosed property. In 2014, Mortgage Investments purchased the property at a foreclosu...

Smokebrush Foundation v. City of Colorado Springs  
Date: February 5, 2018
Citation: 2018 CO 10
Docket Number: 15SC627

Justia Opinion Summary: Petitioners Smokebrush Foundation, Katherine Tudor, and Donald Herbert Goede, III (collectively, “Smokebrush”) owned property on which the non-profit foundation operated a wellness center in the City of Colorado Springs....

In re 2015-2016 Jefferson County Grand Jury  
Date: February 5, 2018
Citation: 2018 CO 9
Docket Number: 16SA224

Justia Opinion Summary: This case arose from a grand jury investigation of petitioner M.W. and his company, I.I. The State suspected that I.I. was manufacturing and distributing a cigarette product illegally sprayed with synthetic cannabinoids....

Colorado in Interest of C.W.B., Jr.  
Date: February 5, 2018
Citation: 2018 CO 8
Docket Number: 17SC412

Justia Opinion Summary: In this dependency and neglect case, respondents were foster parents who intervened in the trial court proceedings and participated in a hearing on the guardian ad litem’s (“GAL”) motion to terminate the parent-child leg...

Coloradans for a Better Future v. Campaign Integrity Watchdog  
Date: January 29, 2018
Citation: 2018 CO 6
Docket Number: 16SC637

Justia Opinion Summary: Jonathan Anderson, a lawyer, filed a termination report for Coloradans for a Better Future without requiring payment for his legal work, and “Better Future” didn’t report his service as a contribution. Campaign Integrity...

Campaign Integrity Watchdog v. Alliance for a Safe and Independent  
Date: January 29, 2018
Citation: 2018 CO 7
Docket Number: 17SC149

Justia Opinion Summary: Alliance for a Safe and Independent Woodmen Hills bought ads and social-media coverage in an election. Campaign Integrity Watchdog filed a complaint with the Colorado Secretary of State against Alliance, alleging that Al...

Colorado v. Bueno  
Date: January 22, 2018
Citation: 2018 CO 4
Docket Number: 13SC1017

Justia Opinion Summary: A jury found state-prison inmate David Bueno guilty of first-degree murder and conspiracy in a case concerning a white inmate’s death. The case took more than two months to try, involved hundreds of motions, and generate...

Colorado v. Griego  
Date: January 22, 2018
Citation: 2018 CO 5
Docket Number: 15SC448

Justia Opinion Summary: Respondent Isidore Griego was charged with attempted reckless manslaughter and attempted second degree assault arising out of two incidents in which Griego drove drunk, but due to traffic conditions at the time of the in...

Norton v. Rocky Mountain Planned Parenthood, Inc.  
Date: January 22, 2018
Citation: 2018 CO 3
Docket Number: 16SC112

Justia Opinion Summary: Petitioner Jane Norton sued Rocky Mountain Planned Parenthood, Inc. (“RMPP”), Governor John W. Hickenlooper, the Executive Director of the Colorado Department of Health Care Policy and Financing, and the Executive Direct...

Colorado v. Fields  
Date: January 16, 2018
Citation: 2018 CO 2
Docket Number: 17SA159

Justia Opinion Summary: The district court found that the initial contact with both defendants in a parked car constituted an investigatory stop for which the police lacked reasonable articulable suspicion, and it suppressed all evidence acquir...

Dep't. of Revenue v. Rowland  
Date: January 8, 2018
Citation: 2018 CO 1
Docket Number: 16SC303

Justia Opinion Summary: After Respondent-cross-petitioner Brian Rowland was cited for drunk driving, he argued at his license revocation hearing that section 42-2-126(8)(c) C.R.S. (2017) barred the hearing officer from considering an analyst’s...

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