Colorado Supreme Court Decisions 2021

Thomas v. Colorado  
Date: December 20, 2021
Citation: 2021 CO 84
Docket Number: 20SC236

Justia Opinion Summary: This appeal presented three issues for the Colorado Supreme Court's review: (1) At what point was defendant Weston Thomas under arrest for purposes of the crime of resisting arrest?; (2) was bodily injury to an at-risk…

Hunsaker v. Colorado  
Date: December 20, 2021
Citation: 2021 CO 83
Docket Number: 20SC360

Justia Opinion Summary: Defendant William Hunsaker, Jr. missed the deadline for filing his Crim. P. 35(c) motion. However, his original sentence was illegal, and the district court corrected it. The Colorado Supreme Court found his late filing…

In re Viburg v. Colorado  
Date: December 20, 2021
Citation: 2021 CO 81
Docket Number: 21SA153

Justia Opinion Summary: The State charged Kevin Viburg with driving under the influence with three or more prior alcohol-related traffic offenses (i.e., felony DUI). Prior to trial, Viburg moved to treat his prior convictions as an element of…

Ronquillo v. EcoClean  
Date: December 20, 2021
Citation: 2021 CO 82
Docket Number: 21SA55

Justia Opinion Summary: In August 2016, Plaintiff Maribel Ronquillo was in an automobile collision. According to her complaint, Ronquillo was rear-ended by defendant Jesse Williams, who was operating a vehicle owned by an EcoClean employee and…

Rudnicki v. Bianco  
Date: December 13, 2021
Citation: 2021 CO 80
Docket Number: 19SC631

Justia Opinion Summary: In 2005, Alexander Rudnicki suffered serious injuries when OB-GYN Peter Bianco, D.O., negligently performed an operative vaginal delivery using a vacuum extractor to assist in the delivery. Alexander suffered injuries to…

LHM Corp v. Martinez  
Date: December 13, 2021
Citation: 2021 CO 78
Docket Number: 20SC429

Justia Opinion Summary: Plaintiff Canuto Martinez successfully sued a car dealership, Defendant Larry H. Miller Chrysler Dodge Jeep Ram 104th (“LHM”), for violating section 6-1-708(1)(a), C.R.S. (2021), of the Colorado Consumer Protection Act…

Colorado v. Johnson  
Date: December 13, 2021
Citation: 2021 CO 79
Docket Number: 20SC790

Justia Opinion Summary: Defendant Eddie Johnson died of natural causes before completing the direct appeal of his criminal convictions in this case. A division of the court of appeals applied the doctrine of abatement ab initio to vacate…

Glover v. Resource Land Holdings LLC  
Date: November 15, 2021
Citation: 2021 CO 77
Docket Number: 20SA278

Justia Opinion Summary: After years of unsuccessful negotiation and several years of contentious litigation, this case came before the Colorado Supreme Court to resolve a dispute over the placement of an irrigation ditch and maintenance…

In re Colo. Indep. Legis. Redistricting Comm'n  
Date: November 15, 2021
Citation: 2021 CO 76
Docket Number: 21SA305

Justia Opinion Summary: In an original proceeding filed to the Colorado Supreme Court, at issue were the final legislative redistricting plans for the Colorado Senate and House of Representatives, adopted and submitted to the Court by the…

Colorado v. Weeks  
Date: November 8, 2021
Citation: 2021 CO 75
Docket Number: 20SC340

Justia Opinion Summary: A jury found Benjamin Weeks guilty of aggravated robbery and felony menacing. At his sentencing hearing, which was held approximately a month later, the prosecutor asked that the issue of restitution “remain open.”…

Colorado v. Roddy  
Date: November 8, 2021
Citation: 2021 CO 74
Docket Number: 20SC491

Justia Opinion Summary: Defendant Jonathan Roddy and his ex-wife have been embroiled in post-decree domestic-relations litigation for more than a decade. In exchange for dismissal of the original criminal charges, Roddy pled guilty to first…

In re Colo. Indep. Cong. Redistricting Comm'n  
Date: November 1, 2021
Citation: 2021 CO 73
Docket Number: 21SA208

Justia Opinion Summary: The Colorado Supreme Court reviewed the state's final congressional redistricting plan adopted by the Colorado Independent Congressional Redistricting Commission pursuant to article V, section 44.5 of the Colorado…

Colorado v. McKay  
Date: October 25, 2021
Citation: 2021 CO 72
Docket Number: 21SA238

Justia Opinion Summary: Pursuant to a warrant, Denver police officers searched defendant Scott McKay’s home and car. During the search, police allegedly found more than four pounds of methamphetamine and a handgun. The State charged McKay with…

Colorado v. Hall  
Date: October 18, 2021
Citation: 2021 CO 71
Docket Number: 20SC142

Justia Opinion Summary: In a split decision from a division of the court of appeals, the majority concluded the trial court deprived defendant Levi Hall of his right to a fair trial because the trial court "crossed the line from impartial judge…

Colorado v. Cooper  
Date: September 27, 2021
Citation: 2021 CO 69
Docket Number: 19SC249

Justia Opinion Summary: The trial court in this case restricted the generalized expert testimony offered by the State regarding the dynamics of domestic violence. After considering the victim’s testimony, the proposed expert opinions, and the…

Colorado v. Coons  
Date: September 27, 2021
Citation: 2021 CO 70
Docket Number: 19SC485

Justia Opinion Summary: The trial court in this case admitted the generalized expert testimony offered by the State on the dynamics of domestic violence, ruling that it would be helpful to the jury and impliedly finding that it passed muster…

Brown v. Long Romero  
Date: September 27, 2021
Citation: 2021 CO 67
Docket Number: 20SA429

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review was whether the “McHaffie Rule” applied even where the plaintiff chooses not to assert vicarious liability for an employee’s negligence and, instead,…

Colorado v. Tallent  
Date: September 27, 2021
Citation: 2021 CO 68
Docket Number: 20SC205

Justia Opinion Summary: A division of the Colorado Court of Appeals, purporting to apply Colorado v. Morehead, 442 P.3d 413 (2019) announced a new two-step, multifactor test that trial courts would be required to apply when exercising…

Harvey v. Centura, No.  
Date: September 13, 2021
Citation: 2021 CO 65
Docket Number: 20SC261

Justia Opinion Summary: Peggy Harvey and Eileen Manzanares were injured in separate car accidents when their cars were struck by other drivers. Each was then taken to a Centura-affiliated hospital (along with Centura Health Corporation,…

McDonald v. Colorado  
Date: September 13, 2021
Citation: 2021 CO 64
Docket Number: 20SC354

Justia Opinion Summary: Marquis McDonald was convicted by jury of violating the Colorado Organized Crime Control Act ("COCCA"), a class 2 felony for which McDonald ultimately received a ninety-six year sentence in prison. In challenging his…

Colorado v. Sanchez  
Date: September 13, 2021
Citation: 2021 CO 63
Docket Number: 20SC47

Justia Opinion Summary: The State challenged the court of appeals decision reversing defendant Gabriel Sanchez’s convictions for two counts of possession. Specifically, the State argued that police use of a pole camera to surveil Rafael…

Colorado v. Tafoya  
Date: September 13, 2021
Citation: 2021 CO 62
Docket Number: 20SC9

Justia Opinion Summary: Because the police suspected Rafael Tafoya of drug trafficking, they mounted a camera on a utility pole across the street from his house without first securing a warrant. For approximately three months, the pole camera…

In re Francis v. Wegener  
Date: September 13, 2021
Citation: 2021 CO 66
Docket Number: 21SA147

Justia Opinion Summary: The Colorado Supreme Court enjoined Robert Francis, whether acting individually or on behalf of a trust or some other entity, from ever again proceeding pro se as a proponent of a claim (i.e., as a plaintiff, third-party…

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…

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…

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…

Nieto v. Clark's Market, Inc.
Date: June 14, 2021
Citation: 2021 CO 48
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…

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.”…

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…

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…

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…

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…

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…

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,…

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”…

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…

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.…

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…

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…

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?”…

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…

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…

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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