Colorado Supreme Court Decisions 2022

Brown v. Walker Commercial  
Date: December 19, 2022
Citation: 2022 CO 57
Docket Number: 21SC390

Justia Opinion Summary: Walker Commercial, Inc. (“Walker”) filed a Colorado Rule of Civil Procedure 106(a)(4) complaint seeking review of the decision of Marshall Brown, the Director of Water of the City of Aurora (“Director”), to levy a storm…

In re Colorado v. Knisley  
Date: December 19, 2022
Citation: 2022 CO 59
Docket Number: 22SA290

Justia Opinion Summary: In February 2022, Matthew D. Barrett presided over a hearing in a case captioned Colorado v. Knisley, No. 21CR1312 (Dist. Ct., Mesa Cnty.). At one point during this hearing, which concerned the return on certain…

Kulmann v. Salazar  
Date: December 19, 2022
Citation: 2022 CO 58
Docket Number: 22SC135

Justia Opinion Summary: At issue for the Colorado Supreme Court's review centered on whether the office of Mayor in the City of Thornton, Colorado constituted a separate office from that of Councilmember for purposes of article XVIII, section…

Woo v. El Paso County Sheriff  
Date: December 12, 2022
Citation: 2022 CO 56
Docket Number: 20SC865

Justia Opinion Summary: Following his conviction and sentence for first degree murder, James Woo brought a civil replevin action seeking the return of certain property that was lawfully seized by the government as part of his criminal case. The…

People in interest of Minor Child E.B.  
Date: December 12, 2022
Citation: 2022 CO 55
Docket Number: 22SC213

Justia Opinion Summary: In a dependency and neglect case, the Colorado Supreme Court addressed whether respondent R.B.’s (“Father’s”) due process rights were violated when a juvenile court denied his request for a continuance of a…

Jagged Peak Energy v. Oklahoma Police Pension  
Date: November 21, 2022
Citation: 2022 CO 54
Docket Number: 21SC334

Justia Opinion Summary: The question this case presented for the Colorado Supreme Court's review centered on whether the court of appeals misapplied federal case law when it concluded that respondent Oklahoma Police Pension and Retirement…

Colorado v. Solis  
Date: November 14, 2022
Citation: 2022 CO 53
Docket Number: 22SA200

Justia Opinion Summary: In an interlocutory appeal, the State challenged a trial court order that granted defendant Jorge Solis’ motion to disqualify the entire Seventh Judicial District Attorney’s Office because his public defender, began…

Colorado Judicial Dept. 18th Judicial District  
Date: November 7, 2022
Citation: 2022 CO 52
Docket Number: 21SC548

Justia Opinion Summary: Abbey Dickerson appealed to the Judicial Department Personnel Board of Review (“Board”) after she was terminated by the Eighteenth Judicial District (“District”). As required by the Personnel Rules, the Board appointed…

R.W. & H.W. v. People in interest of E.W.  
Date: November 7, 2022
Citation: 2012 CO 3
Docket Number: 22sc86

Justia Opinion Summary: E.W. (the Child) was adjudicated dependent and neglected. Both parents were referred to services to treat substance abuse and were put on a family services plan. Both struggled to engage with their treatment plans.…

Colorado v. Turner  
Date: October 31, 2022
Citation: 2022 CO 50
Docket Numbers: 21SC79, 21SC277

Justia Opinion Summary: Terrel Turner and Christopher Cruse were jointly tried and convicted on charges related to the burglary of a marijuana dispensary. On the second day of trial, Yolanda Cruse, who is Cruse’s wife and Turner’s friend, was…

Matter of Brenda Storey
Date: October 4, 2022
Citation: 2022 CO 48
Docket Number: 21SA220
People v. A.C.  
Date: October 4, 2022
Citation: 2022 CO 49
Docket Number: 22SA73

Justia Opinion Summary: The State of Colorado filed a petition in delinquency against A.C. A.C.’s counsel moved for a competency evaluation, noting that A.C. had trouble paying attention and was on an individualized education plan at school due…

Plemons v. Colorado  
Date: September 26, 2022
Citation: 2022 CO 45
Docket Number: 21SC183

Justia Opinion Summary: Defendant Cheryl Plemmons intentionally spat on two sheriff deputies while they were attempting to determine if she was suicidal. The deputies arrested her for spitting on them, and the prosecution charged her with three…

In re State of Colorado v. Juul Labs, Inc.  
Date: September 26, 2022
Citation: 2022 CO 46
Docket Numbers: 22SA108, 22SA111

Justia Opinion Summary: Defendants were California residents who served in various capacities as officers or directors of JUUL Labs, Inc. (“JUUL”), an e-cigarette manufacturer, or its predecessor companies. The State of Colorado filed an…

In re Interest of A.S.M.  
Date: September 26, 2022
Citation: 2022 CO 47
Docket Number: 22SA71

Justia Opinion Summary: Following a preliminary hearing, a magistrate determined that probable cause existed to believe that A.S.M. had committed the delinquent acts alleged. A.S.M. timely sought review of the magistrate’s probable cause…

Colorado v. Deaner  
Date: September 26, 2022
Citation: 2022 CO 43
Docket Numbers: 22SA72, 22SA77

Justia Opinion Summary: Eduardo Barrera was driving a Jeep SUV eastbound on I-70 with Isaiah Deaner in the passenger’s seat. Trooper Bollen, an officer patrolling the highway, saw the SUV pass by and noted that it was an apparent rental vehicle…

People v. Barrera
Date: September 26, 2022
Citation: 2022 CO 44
Docket Number: 22SA77
Colorado v. Raider  
Date: September 12, 2022
Citation: 2022 CO 40
Docket Number: 21SC119

Justia Opinion Summary: At issue in this case was whether Colorado's prohibition against forced specimen collection in DUI-related offenses applied to all searches of people suspected of DUI, or only to warrantless searches. A Fort Collins…

Gorostieta v. People  
Date: September 12, 2022
Citation: 2022 CO 41
Docket Number: 21SC441

Justia Opinion Summary: The Colorado Supreme Court took the opportunity of this case to clarify what prosecutors had prove to establish a defendant’s identity as the perpetrator of a prior crime when the defendant’s conviction of that prior…

Colorado in interest of E.A.M. v. D.R.M.  
Date: September 12, 2022
Citation: 2022 CO 42
Docket Number: 22SC29

Justia Opinion Summary: As relevant here, a trial court has reason to know that a child is an Indian child when “[a]ny participant in the proceeding, officer of the court involved in the proceeding, Indian Tribe, Indian organization, or agency…

Matter of: Judge Mark D. Thompson  
Date: August 29, 2022
Citation: 2022 CO 39
Docket Number: 22SA268

Justia Opinion Summary: On July 25, 2021, Mark Thompson, Judge for the 5th Colorado Judicial District, got into a heated verbal confrontation with his 22-year-old adult stepson. The confrontation began in the street in front of Judge Thompson’s…

Chan v. HEI Resources, Inc.  
Date: June 27, 2022
Citation: 2022 CO 36
Docket Number: 20SC595

Justia Opinion Summary: Between 2004 and 2008, respondents HEI Resources, Inc. (“HEI”), and the Heartland Development Corporation (“HEDC”), both corporations whose principal place of business is Colorado, formed, capitalized, and operated eight…

Colorado in interest of My.K.M. and Ma. K.M.  
Date: June 27, 2022
Citation: 2022 CO 35
Docket Number: 21SC245

Justia Opinion Summary: This termination of parental rights case concerned the “active efforts” required under the Indian Child Welfare Act (“ICWA”) to provide remedial services and rehabilitative programs to assist a parent in completing a…

Fine v. Ward  
Date: June 27, 2022
Citation: 2022 CO 37
Docket Numbers: 22SA101, 22SA142, 22SA155

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court’s review centered on proposed Initiatives #67 (2021-2022), #115 (2021-2022) and #128 (2021-2022), and whether they violated the single-subject requirement of…

Colorado v. Smith  
Date: June 27, 2022
Citation: 2022 CO 38
Docket Number: 22SA58

Justia Opinion Summary: Colorado State Patrol Trooper Christian Bollen, acting on a hunch, initiated a traffic stop on what ended up being a rental car. The vehicle had out of state plates, and because it was a rental, the trooper though the…

Colorado v. Vialpando  
Date: June 21, 2022
Citation: 2022 CO 28
Docket Number: 20SC343

Justia Opinion Summary: An eyewitness saw an SUV crash and a woman exit the driver’s-side door and immediately flee from the vehicle. Inside the SUV, police officers found several items that belonged to Yolanda Vialpando. The police began…

McBride v. Colorado  
Date: June 21, 2022
Citation: 2022 CO 30
Docket Number: 20SC717

Justia Opinion Summary: One night, while surveilling an area near a hotel for illegal drug trafficking, a sheriff’s deputy in an unmarked patrol car watched a Lincoln Town Car with two occupants pull into the hotel’s parking lot, park for less…

Ford Motor Company v. Walker  
Date: June 21, 2022
Citation: 2022 CO 32
Docket Number: 20SC947

Justia Opinion Summary: The plaintiff in this product liability case obtained a money judgment to compensate him for personal injuries he sustained in a car accident. The judgment debtor, the manufacturer of plaintiff’s car, appealed, and a…

Colorado v. Trujillo-Tucson  
Date: June 21, 2022
Citation: 2022 CO 31
Docket Number: 21SA386

Justia Opinion Summary: While in police custody, during a pause in an interrogation, Isaiah Trujillo-Tucson waited in an interview room with a non-interrogating officer while the interrogating officer was off getting Trujillo-Tucson a soda. The…

Owens v. Carlson  
Date: June 21, 2022
Citation: 2022 CO 33
Docket Number: 21SC52

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on the method of calculation employed by the Colorado Department of Corrections (“DOC”) to determine the parole eligibility date for…

Parental Responsibilities of: E.K.  
Date: June 21, 2022
Citation: 2022 CO 34
Docket Number: 22SA31

Justia Opinion Summary: The Colorado Supreme Court granted review in this case to consider whether a district court erred in dismissing a a petition for allocation of parental responsibilities (“APR”) filed by Steven Cook (“Stepfather”) for…

Chronos Builders v. Dept. of Labor  
Date: June 21, 2022
Citation: 2022 CO 29
Docket Number: 22SC78

Justia Opinion Summary: In the November 2020 election, Colorado voters approved Proposition 118, which established the Paid Family and Medical Leave Insurance Act (“the Act”). This case concerned whether the Division of Family and Medical Leave…

Magana v. Colorado  
Date: June 13, 2022
Citation: 2022 CO 25
Docket Number: 20SC928

Justia Opinion Summary: Defendant Christopher Magana started a fire that engulfed two cars and a duplex. A jury found defendant guilty of eighteen counts of arson, including two counts of first degree arson, each of which the prosecution had…

Danks v. Colorado Public Utilities Commission  
Date: June 13, 2022
Citation: 2022 CO 26
Docket Number: 21SA265

Justia Opinion Summary: William Danks appealed a district court judgment affirming the Public Utilities Commission’s (“PUC’s” or “Commission’s”) decision that a gas-gathering system operated by DCP Operating Company, L.P. (“DCP”) did not meet…

Colorado in the int. of S.A., a Child  
Date: June 13, 2022
Citation: 2022 CO 27
Docket Number: 21SA383

Justia Opinion Summary: Respondents B.A. and J.W., adopted S.A., a minor, and his two younger siblings. In 2020, S.A. had homicidal and suicidal ideations and allegedly acted out against his siblings. S.A. was eventually placed in foster care…

Colorado in the Interest of A.P.  
Date: June 6, 2022
Citation: 2022 CO 24
Docket Number: 22SA6

Justia Opinion Summary: In the Colorado Supreme Court's original jurisdiction, the issue presented for review centered on a district court's setting aside the adjudication and termination orders entered against A.P.’s parents, S.S. and D.P.…

Colorado v. Gilbert  
Date: May 31, 2022
Citation: 2022 CO 23
Docket Number: 20SC853

Justia Opinion Summary: In September 2016, a Best Buy employee found defendant Palmer Gilbert sitting in another employee’s vehicle in the store’s parking lot. When the employee confronted him, Gilbert got out of the car and began swinging a…

French v. Centura Health  
Date: May 16, 2022
Citation: 2022 CO 20
Docket Number: 20SC565

Justia Opinion Summary: Petitioner Lisa French went to respondents Centura Health Corporation and Catholic Health Initiatives Colorado d/b/a St. Anthony North Health Campus (collectively, “Centura”) for surgery. Upon reviewing French’s…

Gomez v. JP Trucking  
Date: May 16, 2022
Citation: 2022 CO 21
Docket Number: 20SC950

Justia Opinion Summary: The four truckers who initiated this action regularly drove more than forty hours per week for their employer, JP Trucking, Inc., a Colorado transport company. The question they presented for the Colorado Supreme Courts…

Farmers Reservoir v. Arapahoe County  
Date: May 16, 2022
Citation: 2022 CO 22
Docket Number: 21SA122

Justia Opinion Summary: In Case No. 02CW403, and Case No. 10CW306, the Colorado Water Court Division 1 determined, among other things, that the Farmers Reservoir and Irrigation Company (“FRICO”) did not have a decreed right to use seepage water…

Colorado v. Moreno  
Date: April 25, 2022
Citation: 2022 CO 19
Docket Number: 21SA330

Justia Opinion Summary: In January 2021, the Northern Colorado Drug Task Force (“NCDTF”) received an anonymous tip that claimed two residents of a home in Berthoud were dealing a variety of drugs, including methamphetamine. Marcelo Moreno left…

Arapahoe County v. Velarde & Moore  
Date: April 11, 2022
Citation: 2022 CO 18
Docket Number: 21SC232

Justia Opinion Summary: The Department of Human Services for Arapahoe County (“the Department”) sued Monica Velarde and Michael Moore to enforce a final order it had issued against them to recover Medicaid overpayments. But the Department did…

Cisneros v. Elder  
Date: April 11, 2022
Citation: 2022 CO 13M
Docket Number: 21SC6

Justia Opinion Summary: In November 2017, Saul Cisneros was charged with two misdemeanor offenses and jailed. The court set Cisneros’s bond at $2,000, and Cisneros’s daughter posted that bond four days later, but the County Sheriff’s Office did…

In re Marriage of Mack  
Date: April 11, 2022
Citation: 2022 CO 17
Docket Number: 21SC62

Justia Opinion Summary: When members of the Public Employees’ Retirement Association (“PERA”) apply for retirement, they can choose between three options for benefit distribution. Generally, a retiree’s option choice is final. Pursuant to…

Colorado v. Ramos  
Date: April 11, 2022
Citation: 2022 CO 16
Docket Number: 22SA10

Justia Opinion Summary: The State asked the Colorado Supreme Court to reverse the trial court’s suppression order and remand the case to allow them to make additional arguments supporting the warrantless seizure of defendant-appellee Joe…

Colorado v. Moreno  
Date: March 28, 2022
Citation: 2022 CO 15
Docket Number: 21SA181

Justia Opinion Summary: In December 2018, Alfred Moreno repeatedly emailed his ex-wife, E.M. He asked to see his children, but he also made a series of disparaging and vulgar comments about her. E.M. told Moreno to stop contacting her.…

In re Colorado v. Cortes- Gonzalez  
Date: March 21, 2022
Citation: 2022 CO 14
Docket Number: 21SA308

Justia Opinion Summary: Jared Cortes-Gonzalez entered into a global disposition that required him to plead guilty in four felony cases, including two in which he faced complaints to revoke his probation. The plea agreement indicated that, while…

Cisneros v. Elder  
Date: March 21, 2022
Citation: 2022 CO 13
Docket Number: 21SC6

Justia Opinion Summary: In November 2017, Saul Cisneros was charged with two misdemeanor offenses and jailed. The court set Cisneros’s bond at $2,000, and Cisneros’s daughter posted that bond four days later, but the El Paso County Sheriff’s…

Skillet v. Allstate  
Date: March 14, 2022
Citation: 2022 CO 12
Docket Number: 21SA187

Justia Opinion Summary: The federal district court for the District of Colorado certified a question of law to the Colorado Supreme Court. In July 2020, Alexis Skillett was involved in a car accident. At the time of the accident, Allstate Fire…

Colorado v. Brown  
Date: March 7, 2022
Citation: 2022 CO 11
Docket Number: 21SA110

Justia Opinion Summary: The State of Colorado filed an interlocutory appeal to challenge a Denver District Court order suppressing defendant Alexander Brown's statements following his detention by police. The trial court determined that the…

Rojas v. Colorado  
Date: February 22, 2022
Citation: 2022 CO 8
Docket Number: 20SC399

Justia Opinion Summary: Brooke Rojas was convicted of two counts of theft based on her improper receipt of food stamp benefits. Rojas initially applied for food stamp benefits from the Department of Human Services in August 2012 when she had no…

Maphis v. City of Boulder  
Date: February 22, 2022
Citation: 2022 CO 10
Docket Number: 20SC646

Justia Opinion Summary: After tripping over a deviation in a sidewalk in the City of Boulder (“City”), Joy Maphis sued the City for her injuries under the Colorado Governmental Immunity Act (“CGIA”). The City moved to dismiss for lack of…

Lodge Properties v. Eagle County  
Date: February 22, 2022
Citation: 2022 CO 9
Docket Number: 20sc852

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's review centered on the valuation for real property tax purposes of the Lodge at Vail (“the Lodge”), a luxury resort property that included a hotel, privately…

Colorado v. Ojeda  
Date: February 14, 2022
Citation: 2022 CO 7
Docket Number: 19SC763

Justia Opinion Summary: In 2013, Respondent Ray Ojeda was charged with kidnapping, sexually assaulting, and shooting a fifteen-year-old girl back in 1997. The victim, who survived, reported the crime immediately but could not identify the…

Garcia v. Colorado  
Date: February 7, 2022
Citation: 2020 CO 6
Docket Number: 20SC758

Justia Opinion Summary: The Colorado Court of Appeals affirmed Nicholas Garcia, Jr's conviction for second degree kidnapping. The issue this case presented for the Colorado Supreme Court's review centered on whether the trial court erred by…

In re Colorado v. Greer  
Date: January 31, 2022
Citation: 2022 CO 5
Docket Number: 21SA286

Justia Opinion Summary: A county court ruled that defendant Nicholas Greer was not entitled to state-funded legal representation because he was not indigent. The State charged defendant with careless driving and leaving the scene of an…

Tibbels v. Colorado  
Date: January 10, 2022
Citation: 2022 CO 1
Docket Number: 20SC22

Justia Opinion Summary: The issue this case presented for the Colorado Supreme Court's consideration was whether a trial court’s comments to a jury venire attempting to explain the concept of reasonable doubt effectively lowered the…

Pettigrew v. Colorado  
Date: January 10, 2022
Citation: 2022 CO 2
Docket Number: 20SC353

Justia Opinion Summary: In this case, the court of appeals affirmed petitioner William Pettigrew’s judgment of conviction for pandering of a child and tampering with a witness or victim. Pettigrew claimed that the trial court’s statements to…

Pearson v. Colorado  
Date: January 10, 2022
Citation: 2022 CO 4
Docket Number: 20SC463

Justia Opinion Summary: The district court in this case affirmed a county court's determination that Thomas Pearson was not entitled to a self-defense instruction as a matter of law, with respect to a pending harassment charge. The issue his…

Colorado v. Rau  
Date: January 10, 2022
Citation: 2022 CO 3
Docket Number: 20SC583

Justia Opinion Summary: Colorado’s "Make My Day" law, section 18-1-704.5, C.R.S. (2021), addressed the justified use of force against intruders in the home. "But the nickname is a misnomer." Though wide-ranging, the statute’s safe harbor in no…

In re Viburg v. Colorado  
Date: January 10, 2022
Citation: 2021 CO 81M
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…

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