Colorado Supreme Court Decisions 2019

Butler v. Colorado  
Date: October 15, 2019
Citation: 2019 CO 87
Docket Number: 17SC692

Justia Opinion Summary: In early 2013, an undercover officer sold Clayton Schaner a series of ostensibly stolen goods as part of an investigation into whether Schaner was using his computer repair store as a front to buy and resell stolen items...

Colorado v. Rojas  
Date: October 15, 2019
Citation: 2019 CO 86
Docket Number: 18SC225

Justia Opinion Summary: Brooke Rojas received food stamp benefits to which she was not legally entitled. The prosecution charged her with two counts of theft under the general theft statute, section 18-4-401(1)(a), C.R.S. (2019). Rojas moved to...

Colorado v. Davis  
Date: October 7, 2019
Citation: 2019 CO 84
Docket Number: 18SA271

Justia Opinion Summary: Deputies interrogated Jacob Davis in the basement of his parents’ home about an alleged sexual assault. At that time, Davis made some incriminating statements. He moved to suppress those statements, arguing they were obt...

Deleon v. Colorado  
Date: October 7, 2019
Citation: 2019 CO 85
Docket Number: 18SC45

Justia Opinion Summary: Julian Deleon was charged with two counts of sexual assault on a child. During his trial, Deleon exercised his Fifth Amendment right against self- incrimination and elected not to testify. At the jury instruction confere...

Carrera v. Colorado  
Date: September 30, 2019
Citation: 2019 CO 83
Docket Number: 16SC966

Justia Opinion Summary: Derrick Carrera pled guilty to possession of one gram or less of a schedule I controlled substance, a class 6 felony, in August 2010. Consistent with the parties’ plea agreement, in October 2010, the district court place...

Colorado v. Delgado  
Date: September 30, 2019
Citation: 2019 CO 82
Docket Number: 17SC29

Justia Opinion Summary: R.B. was knocked cold from behind when trying to enter a locked door to a bar. His belongings were taken. Police identified defendant Johnny Delgado as someone fleeing the scene. Police caught Delgado, who was eventually...

Al Turki v. People
Date: September 23, 2019
Citation: 2019 CO 77
Docket Number: 17SC339
Griswold v. Nat'l Fed'n of Indep. Bus.  
Date: September 23, 2019
Citation: 2019 CO 79
Docket Number: 17SC368

Justia Opinion Summary: At issue before the Colorado Supreme Court in this case was how Colorado’s Department of State (“the Department”) charged for some of its services to fund its general operations, which included overseeing elections. It w...

Brooks v. Colorado  
Date: September 23, 2019
Citation: 2019 CO 75M
Docket Number: 17SC614

Justia Opinion Summary: Kyle Brooks was convicted by jury of two class 4 felony counts for victim tampering. The the trial court adjudicated him to be a habitual criminal based on two prior felony convictions, including his guilty plea to theft...

Allman v. Colorado  
Date: September 23, 2019
Citation: 2019 CO 78
Docket Number: 17SC659

Justia Opinion Summary: Frederick Allman was convicted of seven counts of identity theft, two counts of forgery, and one count each of attempted identity theft, aggravated motor vehicle theft, and theft from an at-risk elder. He was sentenced t...

In re Marriage of Boettcher  
Date: September 23, 2019
Citation: 2019 CO 81
Docket Number: 18SC287

Justia Opinion Summary: At the time of the dissolution of their marriage, Ryan Boettcher (“father”) and Christina Boettcher (“mother”) agreed that neither party would pay child support. Several years later, mother, citing a substantial change i...

Colorado v. Iannicelli  
Date: September 23, 2019
Citation: 2019 CO 80
Docket Number: 18SC34

Justia Opinion Summary: Defendants Mark Iannicelli and Eric Brandt stood in the plaza square adjacent to a Denver Colorado courthouse, asking people entering the courthouse whether they were reporting for jury duty. If any of these people answe...

Alliance for a Safe and Independent Woodmen Hills v. Campaign  
Date: September 9, 2019
Citation: 2019 CO 76
Docket Number: 17SC284

Justia Opinion Summary: In May 2014, Woodmen Hills Metropolitan District (“Woodmen Hills”) held an election to fill vacant positions on its board of directors, and Ron Pace was one of the candidates. Several months before the election, a group...

Brooks v. Colorado  
Date: September 9, 2019
Citation: 2019 CO 75
Docket Number: 17SC614

Justia Opinion Summary: After a jury found Kyle Brooks guilty of two class 4 felonies for victim tampering, the trial court adjudicated him to be a habitual criminal based on his prior felony convictions, including his guilty plea to theft from...

The Luskin Daughters 1996 Trust v. Young  
Date: September 9, 2019
Citation: 2019 CO 74
Docket Number: 18SA215

Justia Opinion Summary: The Luskin Daughters 1996 Trust for the benefit of Lyndell Joy Luskin Ackerman, appealed a water court order dismissing its complaint for declaratory and injunctive relief, as well as for damages. The complaint alleged t...

City & Cty. of Denver v. Consol. Ditches of Water Dist. No. 2  
Date: July 1, 2019
Citation: 2019 CO 68
Docket Number: 16SA291

Justia Opinion Summary: The purpose of the "1940 Agreement" at issue in this appeal was to resolve the parties’ disputes regarding seepage and evaporation losses from three of the City and County of Denver’s streambed reservoirs located on the...

Colorado v. Mazzarelli  
Date: July 1, 2019
Citation: 2019 CO 71
Docket Number: 16SC546

Justia Opinion Summary: The court of appeals in this case upheld the trial court’s refusal to allow the State to withdraw from a plea agreement after respondent Christopher Mazzarelli pled guilty. The State sought to withdraw from that plea agr...

Diehl v. Weiser  
Date: July 1, 2019
Citation: 2019 CO 70
Docket Number: 17SA285

Justia Opinion Summary: Petitioner-Appellee Scott Diehl pleaded guilty to three drug offenses in 2005. For each offense, he received a sentence that required him to serve a designated number of years in prison as well as a period of mandatory p...

Phillips v. Colorado  
Date: July 1, 2019
Citation: 2019 CO 72
Docket Number: 17SC144

Justia Opinion Summary: Leo Phillips was charged with possession of a weapon by a previous offender and driving under restraint. Before trial, defense counsel moved to suppress three pieces of evidence: (1) Phillips’s statements inside a police...

Cardman v. Colorado  
Date: July 1, 2019
Citation: 2019 CO 73
Docket Number: 17SC541

Justia Opinion Summary: Detective Paul Patton coerced Matthew Cardman into making a confession, and the prosecution then used that confession as evidence against Cardman to convict him of multiple sex offenses. Defense counsel filed a pretrial...

Howard-Walker v. Colorado  
Date: July 1, 2019
Citation: 2019 CO 69
Docket Number: 17SC595

Justia Opinion Summary: Two men, one carrying what seemed to be a gun, broke into an unoccupied Colorado Springs home and stole roughly $8,000 in cash and other valuables from a safe in a bedroom closet. As it happened, the homeowner had a moti...

Campbell v. Colorado  
Date: June 24, 2019
Citation: 2019 CO 66
Docket Number: 16SC267

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court’s review centered on whether a trial court abused its discretion in permitting a police officer to testify regarding the results of a Horizontal Gaze Nystagmus...

Garcia v. Colorado  
Date: June 24, 2019
Citation: 2019 CO 64
Docket Number: 17SC147

Justia Opinion Summary: Defendant Juvenal Onel Garcia was subject to a restraining order from contacting C.G. Almost two years after the issuance of the restraining order, Garcia allegedly attempted to sexually assault C.G. Based on events rela...

Owners Ins. v. Dakota Station II Condo. Ass'n  
Date: June 24, 2019
Citation: 2019 CO 65
Docket Number: 17SC583

Justia Opinion Summary: A condominium association, Dakota Station II Condominium, filed two claims with its insurer, Owners Insurance Company, for weather damage. The parties couldn’t agree on the money owed, so Dakota invoked the appraisal pro...

Jones v. Williams  
Date: June 24, 2019
Citation: 2019 CO 61
Docket Number: 18SA189

Justia Opinion Summary: Richard Jones filed a habeas corpus petition in the district court challenging the Department of Corrections’ (“DOC”) calculation of his parole eligibility date (“PED”). Jones asserted that the DOC used only his latest 2...

Santich v. VCG Holding Corp.  
Date: June 24, 2019
Citation: 2019 CO 67
Docket Number: 18SA212

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 centered on proof of equitable estoppel. In 2017, a group of current and former exotic...

In re Feldman  
Date: June 24, 2019
Citation: 2019 CO 62
Docket Number: 18SA284

Justia Opinion Summary: Robert Feldman ("Feldman") and the law firm of Haddon, Morgan & Foreman petitioned for relief from a probate court order requiring the firm to provide information to the special administrator concerning its representatio...

Colorado v. Brown  
Date: June 24, 2019
Citation: 2019 CO 63
Docket Number: 19SA30

Justia Opinion Summary: While on patrol, a police officer heard a man and woman arguing behind the gate of a storage facility. When the officer called dispatch to report the disturbance, he was informed that a call had just come in regarding a...

Kutzly v. Colorado  
Date: June 17, 2019
Citation: 2019 CO 55
Docket Number: 15SC877

Justia Opinion Summary: William Kutzly was charged with several crimes involving sexual assault on a child. During his trial, the court qualified a social worker as an expert witness in child sexual assault and victim dynamics; the witness then...

Colo. Dep’t of Labor & Emp’t, Div. of Workers’ Comp. v. Dami Hosp.
Date: June 17, 2019
Citation: 2019 CO 47M
Docket Number: 17SC200
Blooming Terrace No. 1, LLC v. KH Blake Street, LLC  
Date: June 17, 2019
Citation: 2019 CO 58
Docket Number: 17SC427

Justia Opinion Summary: In 2013, Blooming Terrace No. 1 (“Blooming Terrace”) obtained an $11 million loan from KH Blake Street, LLC (“KH Blake Street”), a special purpose entity organized by Kresher Holdings, LLC. The loan was secured by a deed...

Colorado v. Chavez-Torres  
Date: June 17, 2019
Citation: 2019 CO 59
Docket Number: 17SC61

Justia Opinion Summary: Israel Chavez-Torres was born in Mexico who immigrated to the United States with his mother and three sisters in 1991 when he was thirteen years old. In August 1996, while in high school, Chavez-Torres pled guilty to fir...

Colorado in the Interest of T.B.  
Date: June 17, 2019
Citation: 2019 CO 53
Docket Number: 17SC66

Justia Opinion Summary: In this case, a juvenile, "T.B." texted a picture of his erect penis to two underage girls and then repeatedly asked the girls to text him naked pictures of themselves. After initially resisting, both girls eventually co...

People v. Alvarado Hinojos  
Date: June 17, 2019
Citation: 2019 CO 60
Docket Number: 17SC728

Justia Opinion Summary: Frederico Alvarado Hinojos, a citizen of Mexico, immigrated to the United States in 1991 with his wife and two daughters. Sixteen years later, in 2007, he pled guilty to felony menacing with a deadly weapon and misdemean...

In re People in the Interest of T.T.  
Date: June 17, 2019
Citation: 2019 CO 54
Docket Number: 18SA221

Justia Opinion Summary: T.T. sought to ensure that his name was not linked to the record of his earlier short-term commitment for treatment of a mental health condition. Under section 27-65-107(7), C.R.S. (2018), when a person is released from...

Colorado v. Haack  
Date: June 17, 2019
Citation: 2019 CO 52
Docket Number: 19SA13

Justia Opinion Summary: The State appealed a district court order partially granting defendant-appellee Keith Haack’s motion and suppressing evidence acquired after officers made a warrantless entry into his residence. The district court found...

In re N.A. Rugby Union v. U.S. Rugby Football Union  
Date: June 17, 2019
Citation: 2019 CO 56
Docket Number: 19SA22

Justia Opinion Summary: Douglas Schoninger was interested in launching a professional rugby league in the United States. Toward that end, he formed PRO Rugby and approached the United States of America Rugby Football Union (“USAR”), the nationa...

In re Ballot Title #3  
Date: June 17, 2019
Citation: 2019 CO 57
Docket Number: 19SA25

Justia Opinion Summary: Petitioners Carol Hedges and Steve Briggs were the designated representatives of the proponents of proposed Initiative 2019–2020 #3 (“Initiative #3”), which, if enacted, would repeal in its entirety the Taxpayer’s Bill o...

Colorado v. Morehead  
Date: June 10, 2019
Citation: 2019 CO 48
Docket Number: 15SC935

Justia Opinion Summary: The State appealed a court of appeals' judgment reversing respondent Mike Morehead's convictions for possession and possession with intent to distribute a controlled substance, as well as seven gambling-related charges....

Ruybalid v. Bd. of Cty. Comm'rs  
Date: June 10, 2019
Citation: 2019 CO 49
Docket Number: 17SC708

Justia Opinion Summary: Francis Ruybalid committed numerous ethical violations arising out of cases that he either prosecuted or supervised while he was the District Attorney for the Colorado Third Judicial District. He argued he was entitled t...

Colorado v. Brown  
Date: June 10, 2019
Citation: 2019 CO 50
Docket Number: 18SA237

Justia Opinion Summary: After being charged with first degree murder as an adult in district court, Brandon Brown exercised his statutory right to request a “reverse transfer” to juvenile court. In doing so, he asked the Colorado Supreme Court...

Carousel Farms v. Woodcrest Homes  
Date: June 10, 2019
Citation: 2019 CO 51
Docket Number: 18SC30

Justia Opinion Summary: Before the 2007-2008 financial crisis, Woodcrest Homes was poised to construct a new development. Woodcrest secured only a small parcel, "Parcel C" which was stuck between two larger parcels that were necessary for compl...

McCoy v. Colorado  
Date: June 3, 2019
Citation: 2019 CO 44
Docket Number: 15SC1095

Justia Opinion Summary: The Colorado Supreme Court granted certiorari review of a court of appeals' decision affirming David McCoy's convictions for two counts of unlawful sexual while engaged in the treatment or examination of a victim for oth...

Maestas v. Colorado  
Date: June 3, 2019
Citation: 2019 CO 45
Docket Number: 15SC180

Justia Opinion Summary: The charge at issue arose after a witness spotted someone later identified as petitioner Bob Junior Maestas ringing the doorbell of an elderly neighbor’s home and then walking around the side of the house and attempting...

Colo. Dept. of Labor & Emp. Div. of Workers' Comp. v. Dami Hosp.  
Date: June 3, 2019
Citation: 2019 CO 47
Docket Number: 17SC200

Justia Opinion Summary: Dami Hospitality, LLC (“Dami”) was the owner-operator of a Denver motel that employed between four and ten people at any given time. As an employer of three or more persons, Dami was required by statute to maintain worke...

Klun v. Klun  
Date: June 3, 2019
Citation: 2019 CO 46
Docket Number: 18SA266

Justia Opinion Summary: Defendant Michael Klun appealed a water court’s order denying his motion for attorney fees after he prevailed on all claims brought against him in the underlying action by plaintiffs Thomas Klun and Joseph Klun, Jr. Defe...

Colo. Custom Maid v. ICAO & Div. of Unemp. Ins.  
Date: May 28, 2019
Citation: 2019 CO 43
Docket Number: 17SC350

Justia Opinion Summary: Colorado Custom Maid (CCM) places house cleaners with clients who need their homes cleaned. In doing so, it has tried to avoid becoming the house cleaners’ employer, hoping instead to maintain the relationship as one bet...

Department of Revenue v. Agilent Technologies  
Date: May 28, 2019
Citation: 2019 CO 41
Docket Number: 17SC840

Justia Opinion Summary: Agilent Technologies, Inc. was a Delaware corporation headquartered in California, and was the parent company of a worldwide family of affiliated corporations. Agilent maintains research and development and manufacturing...

Sheek v. Brooks  
Date: May 28, 2019
Citation: 2019 CO 32M
Docket Number: 18SA110

Justia Opinion Summary: In 2008, defendant-appellees Roger Brooks and Veryl Goodnight filed an application with the water court to change the point of diversion of their water right from the Giles Ditch to the Davenport Ditch. The application a...

In re Reeves-Toney v. School Dist. No. 1 in the City & County of Denver  
Date: May 28, 2019
Citation: 2019 CO 40
Docket Number: 18SA228

Justia Opinion Summary: In 2010, the Colorado General Assembly enacted Senate Bill 10-191 (SB 191), which significantly amended Teacher Employment, Compensation, and Dismissal Act of 1990 (TECDA) provisions concerning teacher contracts and the...

Town of Breckenridge v. Egencia, LLC.
Date: May 28, 2019
Citation: 2019 CO 39
Docket Number: 18SC186
Department of Revenue v. Oracle  
Date: May 28, 2019
Citation: 2019 CO 42
Docket Number: 18SC3

Justia Opinion Summary: Oracle was a Delaware corporation headquartered in California, and it is the parent of a worldwide group of affiliated corporations. OJH was a Delaware corporation and a wholly-owned subsidiary of Oracle, existing solely...

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
The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.