Colorado Supreme Court Decisions 2021

Colorado in Int. of T.B.  
Date: June 28, 2021
Citation: 2021 CO 59
Docket Number: 19SC690

Justia Opinion Summary: T.B. committed two sexual offenses as a minor: the first when he was eleven years old and the second when he was fifteen. Because he was twice adjudicated delinquent for unlawful sexual behavior, the Colorado Sex Offende...

In re Colorado v. Sprinkle  
Date: June 28, 2021
Citation: 2021 CO 60
Docket Number: 21SA3

Justia Opinion Summary: In this original proceeding, the issue presented for the Colorado Supreme Court's review was a district court’s order requiring the El Paso County Sheriff’s Office (“EPCSO”) to give Regina Sprinkle access to internal inv...

In re Colorado v. Sherwood  
Date: June 28, 2021
Citation: 2021 CO 61
Docket Number: 21SA85

Justia Opinion Summary: During the COVID-19 pandemic, the Colorado Supreme Court approved the addition of paragraph (c)(4) to Crim. P. 24 (“Trial Jurors”) to permit a trial court, either upon motion of a party or on its own motion, to declare a...

In re Interrogatories on Senate Bill 21-247 Submitted by the Colorado General Assembly  
Date: June 1, 2021
Citation: 2021 CO 37
Docket Number: 21SA146

Justia Opinion Summary: In 2018, Colorado voters Amendments Y and Z to the state constitution that vested the authority to draw congressional and legislative districts with new, independent commissions made up of ordinary voters. The Amendments...

Lawrence v. Colorado  
Date: May 10, 2021
Citation: 2021 CO 28
Docket Number: 19SC556

Justia Opinion Summary: Shaun Lawrence met D.B. at a casino, where she worked as a cashier. During their conversations, Lawrence told D.B. that he ran several successful businesses and that he was looking for people to work for him and for inve...

Colorado v. Baker  
Date: May 10, 2021
Citation: 2021 CO 29
Docket Number: 19SC975

Justia Opinion Summary: Respondent Karl Baker and his business partner sought investors for a company called Aviara Capital Partners, LLC. According to promotional materials that Baker provided to potential investors, investment money would be...

Dep't of Nat. Res. v. 5 Star Feedlot, Inc.  
Date: May 3, 2021
Citation: 2021 CO 27
Docket Number: 19SC986

Justia Opinion Summary: In the spring of 2015, a severe three-day storm deluged an eastern Colorado area with over six inches of rain. Two inches of water fell within thirty minutes on the first day, “a once-in-a-half-century occurrence.” Durin...

Colorado v. Moore  
Date: May 3, 2021
Citation: 2021 CO 26
Docket Number: 20SA293

Justia Opinion Summary: Aundre Moore was charged with first degree murder for the shooting death of Jamaica McClain. Moore pleaded not guilty and was awaiting trial. He claimed he acted in self-defense, and he intended to introduce evidence of...

Colorado v. Vidauri  
Date: April 19, 2021
Citation: 2021 CO 25
Docket Number: 19SC933

Justia Opinion Summary: Alma Vidauri was convicted of one count of theft and three counts of forgery in connection with filings she made with the Garfield County, Colorado Department of Human Services (“Department”) between 2009 and 2016 for me...

Medina v. Williams  
Date: April 19, 2021
Citation: 2021 CO 24
Docket Number: 20SA201

Justia Opinion Summary: Delano Medina sought review of the dismissal of his habeas corpus petition by a district court magistrate. Because a district court magistrate was authorized to rule on a habeas corpus petition only when the parties cons...

In the Matter of Judge Natalie T. Chase
Date: April 16, 2021
Citation: 2021 CO 23
Docket Number: 21SA91
Gill v. Waltz  
Date: April 12, 2021
Citation: 2021 CO 21
Docket Number: 19SA174

Justia Opinion Summary: In December 2015, Joseph Gill was injured in an on-the-job car accident when he was struck by a truck owned by Swift Transportation Company, LLC (“Swift”), driven by Christopher Waltz. As a result of the injuries he suff...

Colorado v. Murphy  
Date: April 12, 2021
Citation: 2021 CO 22
Docket Number: 19SC409

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether the court of appeals was correct in holding the trial court improperly admitted lay opinion testimony and, therefore, reversed Jus...

Delta Air Lines, Inc. v. Scholle  
Date: April 12, 2021
Citation: 2021 CO 20
Docket Number: 19SC546

Justia Opinion Summary: William Scholle worked for United Airlines, Inc., driving luggage tugs from the terminal to waiting planes, loading or unloading the bags, and returning to the terminal. In June 2012, Scholle was stopped at a stop sign o...

Compos v. Colorado  
Date: April 12, 2021
Citation: 2021 CO 19
Docket Number: 20SC143

Justia Opinion Summary: After dating for a few weeks, Vincent Compos and his ex-girlfriend ended their relationship; the ex-girlfriend obtained a protection order prohibiting Compos from contacting her. Shortly after the relationship ended, Com...

Colorado v. Padilla  
Date: March 22, 2021
Citation: 2021 CO 18
Docket Number: 20SA336

Justia Opinion Summary: Two detectives questioned defendant Jose Padilla about his involvement in a potential sexual assault. In response, Padilla stated that he did not have sex with the victim, J.M., and that J.M. was extremely intoxicated on...

Markwell v. Cooke  
Date: March 15, 2021
Citation: 2021 CO 17
Docket Number: 20SC585

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether uploading the text of a bill to multiple computers and using automated software to simultaneously give voice to different portions...

Colorado v. Peluso  
Date: March 8, 2021
Citation: 2021 CO 16
Docket Number: 20SA316

Justia Opinion Summary: In 2019, several parole officers approached a home that they believed was the residence of Susan Damico. Damico was a parolee whose parole agreement allowed officers to search “her person, residence, and/or vehicle” with...

Colorado v. Thompson  
Date: February 22, 2021
Citation: 2021 CO 15
Docket Number: 20SA338

Justia Opinion Summary: The State challenged the trial court's order suppressing evidence seized from Defendant Asha Thompson's cell phone on Fourth Amendment grounds. Lakewood, Colorado police were dispatched to the Blue Sky Motel in response...

Ryser v. Shelter Mutual Insurance  
Date: February 16, 2021
Citation: 2021 CO 11
Docket Number: 19SC530

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on whether an injured passenger riding in a vehicle negligently driven by one co-worker and owned by another co-worker, when all three were a...

In re Marriage of Zander  
Date: February 16, 2021
Citation: 2021 CO 12
Docket Number: 19SC854

Justia Opinion Summary: The petitioner in this appeal was attempting to enforce an oral agreement she entered into with her husband to exclude the couple’s retirement accounts and inheritances from being considered “marital property,” which was...

In re Marriage of Blaine  
Date: February 16, 2021
Citation: 2021 CO 13
Docket Number: 19SC967

Justia Opinion Summary: In this marriage dissolution case, the issue presented was whether a spouse’s conveyance of his interest in a home through an interspousal transfer deed (“ITD”) automatically overcame the presumption of marital property...

Colorado in Interest of A.M.  
Date: February 16, 2021
Citation: 2021 CO 14
Docket Number: 20SC187

Justia Opinion Summary: A.M. was placed with her Father’s stepsister (“Aunt”) after A.M. tested positive for heroin at birth and after both of A.M.’s parents tested positive for illegal drugs. The trial court subsequently adjudicated A.M. depen...

Perez v. Colorado  
Date: February 8, 2021
Citation: 2021 CO 5M
Docket Number: 19SC356

Justia Opinion Summary: After Marcus Perez led police on a "lengthy foot pursuit," officers found two live shotgun shells in Perez's pocket. Without giving Perez Miranda warnings, the officer asked him, “Where’s the gun?” Perez answered that he...

In re Colorado v. Subjack  
Date: February 8, 2021
Citation: 2021 CO 10
Docket Number: 20SA262

Justia Opinion Summary: In two cases consolidated for review, the common issue presented for the Colorado Supreme Court's review centered on whether a a criminal defendant who was unable to post bond on a class 4 felony charge was “in custody”...

Colorado v. Garcia  
Date: February 1, 2021
Citation: 2021 CO 7
Docket Number: 19SC548

Justia Opinion Summary: Defendant Michael Garcia was convicted of violating a protection order. On appeal, the district court concluded the county court violated Garcia’s confrontation right by admitting a notarized return of service into evide...

Colorado v. Ross  
Date: February 1, 2021
Citation: 2021 CO 9
Docket Number: 19SC573

Justia Opinion Summary: In 2015, Phillip Ross visited a website showing advertisements posted by individuals willing to perform sexual acts in exchange for money. Two girls under the age of eighteen, C.W. and M.O., listed varying ages in their...

In re Raven v. Polis  
Date: February 1, 2021
Citation: 2021 CO 8
Docket Number: 20SA321

Justia Opinion Summary: In a case brought in the Colorado Supreme Court's original jurisdiction, Governor Jared Polis sought a declaration he was not a proper named defendant in a suit challenging the implementation of Colorado law and policy b...

Schaden v. DIA Brewing Co.  
Date: February 1, 2021
Citation: 2021 CO 4M
Docket Number: 20SC225

Justia Opinion Summary: Plaintiff DIA Brewing Co., LLC contended that after the district court entered an order dismissing this action pursuant to C.R.C.P.12(b)(1), C.R.C.P. 15(a) gave DIA Brewing the right to amend its complaint as a matter of...

Mike & Jim Kruse P'ship v. Cotten  
Date: January 25, 2021
Citation: 2021 CO 6
Docket Number: 20SA32

Justia Opinion Summary: The water court that issued the decision at the heart of this appeal conducted a four-day trial with thousands of pages of exhibits and testimony of experts to decide the meaning of a decree finalized in April 1933. The...

Perez v. Colorado  
Date: January 19, 2021
Citation: 2021 CO 5
Docket Number: 19SC356

Justia Opinion Summary: As Marcus Perez was being arrested after a lengthy foot pursuit, the arresting officer found two live shotgun shells in Perez’s pocket. Without giving Perez Miranda warnings, the officer asked him, “Where’s the gun?” Per...

In re Marriage of LaFleur & Pyfer  
Date: January 11, 2021
Citation: 2021 CO 3
Docket Number: 19SC1004

Justia Opinion Summary: In 2018, Respondent Timothy Pyfer filed a dissolution of marriage petition, alleging that he had entered into a common law marriage with his same-sex partner, Petitioner Dean LaFleur, when they held a ceremony before fam...

In re Estate of Yudkin  
Date: January 11, 2021
Citation: 2021 CO 2
Docket Number: 19SC234

Justia Opinion Summary: When Viacheslav Yudkin died intestate, his ex-wife, Petitioner Svetlana Shtutman, was appointed personal representative of his estate. Respondent Tatsiana Dareuskaya sought Shtutman’s removal, asserting that she (Dareusk...

In re Marriage of Hogsett & Neale  
Date: January 11, 2021
Citation: 2021 CO 1
Docket Number: 19SC44

Justia Opinion Summary: The Colorado Supreme Court has previously held that a couple could establish a common law marriage “by the mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a...

Schaden v. DIA Brewing Co., LLC  
Date: January 11, 2021
Citation: 2021 CO 4
Docket Number: 20SC225

Justia Opinion Summary: Plaintiff DIA Brewing Co., LLC contended that after the district court entered an order dismissing this action pursuant to C.R.C.P.12(b)(1), C.R.C.P. 15(a) gave DIA Brewing the right to amend its complaint as a matter of...

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