Colorado Supreme Court Decisions 2019

Colorado v. Anderson  
Date: May 20, 2019
Citation: 2019 CO 34
Docket Number: 16SC442

Justia Opinion Summary: The State appealed the court of appeals’ judgment vacating defendant Richard Anderson’s conviction for attempted extreme indifference murder. Concluding that the universal malice element of extreme indifference murder re...

Colorado v. McKnight  
Date: May 20, 2019
Citation: 2019 CO 36
Docket Number: 17SC584

Justia Opinion Summary: Police officers discovered a pipe inside of defendant Kevin McKnight’s truck containing what later proved to be methamphetamine residue. McKnight would ultimately be charged and convicted for various drug offenses. On ap...

City of Golden v. Sodexo America, LLC  
Date: May 20, 2019
Citation: 2019 CO 38
Docket Number: 17SC735

Justia Opinion Summary: The Colorado School of Mines contracted with Sodexo America, LLC, to fulfill its obligations to provide meals and food options for its students. During the time at issue, Mines loaded each meal-plan student’s student ide...

Colorado v. Gadberry  
Date: May 20, 2019
Citation: 2019 CO 37
Docket Number: 18SA208

Justia Opinion Summary: While patrolling Mesa County, Deputy Stuckenschneider observed a black Dodge pickup driving with a missing front license plate. Stuckenschneider phoned Deputy Briggs, alerting her to the situation. A few days prior, Serg...

Colorado v. Tomaske  
Date: May 20, 2019
Citation: 2019 CO 35
Docket Number: 18SA292

Justia Opinion Summary: Police officers entered Jeremiah Tomaske’s property without a warrant and chased him into his house; Tomaske responded by resisting and allegedly assaulting a police officer. The issue this case presented for the Colorad...

Bermel v. BlueRadios, Inc.  
Date: May 6, 2019
Citation: 2019 CO 31
Docket Number: 17SC246

Justia Opinion Summary: Chris Bermel contracted to provide engineering services for BlueRadios, Inc., a wireless data and voice communications company. In 2014, Bermel knowingly forwarded thousands of company emails containing proprietary infor...

Sheek v. Brooks  
Date: May 6, 2019
Citation: 2019 CO 32
Docket Number: 18SA110

Justia Opinion Summary: In 2008, defendant-appellees Roger Brooks and Veryl Goodnight (together “Brooks”) filed an application in the water court to change the point of diversion of their water right from the Giles Ditch to the Davenport Ditch....

Colorado v. Cline  
Date: May 6, 2019
Citation: 2019 CO 33
Docket Number: 19SA20

Justia Opinion Summary: In an interlocutory appeal, the issue presented for the Colorado Supreme Court’s review centered on whether the trial court erred in suppressing a statement made by defendant Justin Cline after a search of his residence...

Colorado v. Berdahl  
Date: April 29, 2019
Citation: 2019 CO 29
Docket Number: 16SC542

Justia Opinion Summary: Brent Berdahl was charged with possession of a controlled substance and possession of drug paraphernalia. On an early January morning, a sheriff's deputy was dispatched to an intersection to check on the well-being of tw...

Gow v. Colorado  
Date: April 29, 2019
Citation: 2019 CO 30
Docket Number: 16SC783

Justia Opinion Summary: Tommy Gow was walking in a residential neighborhood at abut 2:15 in the morning when he was stopped by police. The deputy pulled up, got out of his patrol car, and asked “what he was up to.” The man, Gow, responded that...

Concerning the Application for Water Rights of S. Cade Huffaker  
Date: April 29, 2019
Citation: 2019 CO 28
Docket Number: 18SA216

Justia Opinion Summary: A series of appeals concerned a dispute over competing rights to irrigation tail and waste water that collected in a borrow ditch. The Colorado Supreme Court was asked to determine whether a driveway that interrupted the...

Bondsteel v. Colorado  
Date: April 22, 2019
Citation: 2019 CO 26
Docket Number: 15SC1096

Justia Opinion Summary: This case involved the joinder of two separately filed cases. In the first “Motorcycle Case,”: in three separate instances, a male motorcyclist wearing a leather jacket and a motorcycle helmet that largely concealed his...

Buell v. Colorado  
Date: April 22, 2019
Citation: 2019 CO 27
Docket Number: 18SC18

Justia Opinion Summary: Defendant Francis Buell was caught shoplifting twice within a one-and-a-half month span: once at a department store, once at a supermarket. The prosecution initially charged Buell in separate cases arising from these inc...

Ray v. Colorado  
Date: April 8, 2019
Citation: 2019 CO 21
Docket Number: 15SC268

Justia Opinion Summary: Petitioner Robert Ray sought review of the court of appeals’ affirming his convictions for attempted first degree murder, first degree assault, and accessory to first degree murder. The appellate court rejected Ray’s cla...

Calvert v. Mayberry  
Date: April 8, 2019
Citation: 2019 CO 23
Docket Number: 16sc413

Justia Opinion Summary: David Calvert was disbarred for various ethical violations, including entering into an oral agreement with a client without complying with the requisite safeguards of Colorado Rule of Professional Conduct 1.8(a). After b...

Sharrow v. Colorado  
Date: April 8, 2019
Citation: 2019 CO 25
Docket Number: 16SC88

Justia Opinion Summary: Defendant Jeremy Sharrow pled guilty to one count of felony sexual assault (victim under fifteen), and one count misdemeanor unlawful sexual contact. Pursuant to the parties’ plea agreement, the trial court dismissed the...

Hinsdale County v. HDH Partnership  
Date: April 8, 2019
Citation: 2019 CO 22
Docket Number: 17SC862

Justia Opinion Summary: Respondents were four Ranch owners who, with notice of the Lake Fork Hunting and Fishing Club’s (the Club) restrictive covenants and bylaws, purchased deeds conferring record title to their respective Ranches. In 2015, t...

Colorado v. Davis  
Date: April 8, 2019
Citation: 2019 CO 24
Docket Number: 18SA267

Justia Opinion Summary: After finding himself in custody on an arrest warrant, defendant Shaun Davis wanted someone to contact his girlfriend about retrieving the car he had with him. He invited a police officer to use Davis’s cell phone to cal...

In re Colorado v. Roina  
Date: March 25, 2019
Citation: 2019 CO 20
Docket Number: 18SA257

Justia Opinion Summary: Petitioner Benjamin Roina was charged with harassment and assault on an at-risk adult. At his preliminary hearing, Roina’s defense counsel filed a sealed motion with the trial court contesting his competency and requeste...

Garner v. Colorado  
Date: March 18, 2019
Citation: 2019 CO 19
Docket Number: 16SC75

Justia Opinion Summary: The State of Colorado charged James Garner for a shooting at a bar that injured three brothers. The State’s case depended on the brothers’ live identifications of Garner at trial, almost three years later. None of them c...

Johnson v. Colorado  
Date: March 11, 2019
Citation: 2019 CO 17
Docket Number: 17SC120

Justia Opinion Summary: After observing Crystal Johnson conduct an apparent drug transaction, police officers followed her vehicle and initiated a traffic stop. Officers searched Johnson’s vehicle and seized methamphetamine and a digital scale....

Colorado v. Threlkel  
Date: March 11, 2019
Citation: 2019 CO 18
Docket Number: 18SA263

Justia Opinion Summary: As part of an extensive narcotics investigation that spanned almost all of 2017, law enforcement obtained arrest warrants for defendant Amber Threlkel and her significant other, Robert Allen, based on their alleged distr...

In the Matter of Laurie A. Booras  
Date: March 11, 2019
Citation: 2019 CO 16
Docket Number: 18SA83

Justia Opinion Summary: In a judicial disciplinary proceeding, the Colorado Supreme Court considered the exceptions of now-former Colorado Court of Appeals Judge Laurie Booras to the Colorado Commission on Judicial Discipline’s (the “Commission...

Colorado v. Travis  
Date: March 4, 2019
Citation: 2019 CO 15
Docket Number: 16SC584

Justia Opinion Summary: On the day her trial was set to begin, April Travis told the court that she was hoping she could have more time “to look for and pay for an attorney.” The trial court denied the request to continue the case, noting that...

Concerning the Application for Water Rights of Donald E. Dill, Cathie G. Dill, Jerry R. Pearce, and Frances M. Pearce in Fremont County  
Date: February 25, 2019
Citation: 2019 CO 14
Docket Number: 17SA231

Justia Opinion Summary: The question presented by this appeal to the Colorado Supreme Court was a 1909 water rights decree adjudicated an enforceable water right for the Campbell Ditch in nine springs. Yamasaki Ring, LLC, which owned some of th...

Well Augmentation Subdist. v. Centennial Water & Sanitation Dist.  
Date: February 19, 2019
Citation: 2019 CO 12
Docket Number: 16SA256

Justia Opinion Summary: Centennial Water and Sanitation District appealed a water court order dismissing its objection to the Well Augmentation Subdistrict’s ("WAS") proposal to use additional sources of replacement water for its previously dec...

In re Colorado v. Tafoya  
Date: February 19, 2019
Citation: 2019 CO 13
Docket Number: 18SA224

Justia Opinion Summary: A district court denied Elizabeth Tafoya a preliminary hearing. Tafoya was accused of a class four felony, DUI (fourth or subsequent offense). She requested a preliminary hearing on that charge, but the district court fo...

In re Accetta v. Brooks Towers  
Date: February 11, 2019
Citation: 2019 CO 11
Docket Number: 18SA127

Justia Opinion Summary: Brooks Tower was comprised of 566 residential units, 13 commercial units, and 297 associated garage units. Plaintiff Anthony Accetta and his wife owned a condominium in the Tower. All Brooks Tower unit owners are governe...

Colorado v. Kubuugu  
Date: January 28, 2019
Citation: 2019 CO 9
Docket Number: 16SC158

Justia Opinion Summary: Police witnessed a car driven by Respondent Simon Kubuugu exit a parking lot, pull into traffic, and make a U-turn that forced other drivers to swerve to avoid hitting him. Kubuugu drive slowly past the police car, and p...

LeHouillier v. Gallegos  
Date: January 28, 2019
Citation: 2019 CO 8
Docket Number: 17SC312

Justia Opinion Summary: In 2009, Della Gallegos had to undergo three cranial surgeries after her radiologist, Dr. Steven Hughes, failed to detect an obvious brain tumor on an MRI scan three years earlier. Had Dr. Hughes discovered the tumor in...

Colorado v. Barrios  
Date: January 28, 2019
Citation: 2018 CO 10
Docket Number: 18SA150

Justia Opinion Summary: H.J. completed her grocery shopping at a Target store in Arvada and walked to her car. Defendant-appellee, sixteen year old Dominic Barrios was also at the Target. After H.J. entered her vehicle, Barrios opened the back...

Colorado v. Wood  
Date: January 22, 2019
Citation: 2019 CO 7
Docket Number: 16SC990

Justia Opinion Summary: At issue before the Colorado Supreme Court in this case was whether Patrick Wood suffer simultaneous convictions for first-degree felony murder (a class 1 felony) and second-degree murder (a class 2 felony) in 1987 for t...

Allen v. Colorado  
Date: January 22, 2019
Citation: 2019 CO 6
Docket Number: 17SA220

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether a water court had jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch...

The People of the State of Colorado v. Adam Howard Tarnowski
Date: January 17, 2019
Docket Number: 18SA245
School Dist. No. 1 v. Denver Classroom Teachers Ass'n  
Date: January 14, 2019
Citation: 2019 CO 5
Docket Number: 17SC139

Justia Opinion Summary: Believing that the decision to stop paying teachers for English Learning Acquisition (ELA) training violated a series of the parties’ Collective Bargaining Agreements (CBAs), the Denver Classroom Teachers Association (DC...

Colorado in Interest of D.Z.B.  
Date: January 14, 2019
Citation: 2019 CO 4
Docket Number: 17SC250

Justia Opinion Summary: In 2014, the Arapahoe County Department of Human Services (the Department) was ordered to take custody of D.Z.B. and house him in a particular facility pending his delinquency adjudication. Believing that the district co...

Colorado Oil & Gas Conservation Commission v. Martinez  
Date: January 14, 2019
Citation: 2019 CO 3
Docket Number: 17SC297

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether the Colorado Oil and Gas Conservation Commission properly declined to engage in rulemaking to consider a rule by Respondents, a gr...

Colorado v. Medved  
Date: January 14, 2019
Citation: 2019 CO 1
Docket Number: 17SC33

Justia Opinion Summary: Whites Corporation donated a conservation easement (CE), and transferred a portion of the resulting CE tax credit to John and Debra Medved. In 2006, the Medveds filed a return claiming the credit. In 2007, Whites Corpora...

Colorado v. Burnett  
Date: January 14, 2019
Citation: 2019 CO 2
Docket Number: 18SA180

Justia Opinion Summary: While driving down a highway, a Colorado State Patrol (CSP) trooper observed another driver flash her turn signal twice over a distance of less than 200 feet and then change lanes. Apparently believing he’d just witnesse...

The People of the State of Colorado v. Kelley William Eberly
Date: January 10, 2019
Docket Number: 18SA272
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