73 results for 'court:"Colorado Supreme Court"'.
J. Boatright finds the lower court erroneously determined it held jurisdiction over the couple's divorce case. Although the husband owns several pieces of real estate in Colorado, he lives in Nebraska and has never moved to this state; therefore, he is "domiciled" in Nebraska under Colorado law and the lower court should have granted his motion to dismiss. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 6, 2024, Case #: 2024CO24, Categories: Family Law, Jurisdiction
J. Hart finds misjoinder of criminal offenses is reviewed under "plain error" analysis and that, even if a trial court improperly allowed numerous charges to be tried at the same time, it is not a structural error that requires reversal of a defendant's convictions. In this case, while evidence of defendant's drug charges may have persuaded the jury he was inclined to commit crimes, the error was harmless as it pertained to his murder charge because of the overwhelming evidence in support of that charge, including that he went to his backpack to retrieve a gun before he shot the victim following a scuffle. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: May 6, 2024, Case #: 2024CO26, Categories: Criminal Procedure, Evidence, Murder
J. Samour finds the appeals court properly overturned the trial court's decision to grant summary judgment to the university on contract claims filed by the male student accused of rape. When read in conjunction with the entirety of the school's Office of Equal Opportunity procedures handbook, the requirement for a "thorough, impartial, and fair" investigation into allegations of sexual assault created a contractual relationship between the parties. Additionally, the male student's allegations the university failed to interview four of the five witnesses he presented and failed to seek out missing portions of the victim's medical examination file render his contract claim plausible and prevent judgment in favor of the university. Affirmed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: May 6, 2024, Case #: 2024CO27, Categories: Education, Due Process, Contract
J. Berkenkotter finds the "centerline presumption," which grants title to the middle of a roadway in cases where a property owner grants a conveyance abutting a highway or street, also applies to the mineral rights underneath the roadway, so long as the conveyance includes no language to specifically exclude mineral rights. However, the lower court erroneously conditioned the application of the rule on whether a property owner retained ownership of at least a portion of the land that abuts the roadway because it effectively nullifies the rule. Therefore, the current owners of the property at issue in this case have sole ownership of both surface and mineral rights of the roadway following the developer's conveyance. Affirmed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 6, 2024, Case #: 2024CO28, Categories: Property, Real Estate
Per curiam, the Supreme Court of Colorado finds former Arapahoe County District Court Judge John E. Scipione will be publicly sanctioned and required to pay attorney fees for disciplinary proceedings related to his violation of eight judicial conduct rules. Scipione used his position as a judge to seek intimate relationships with subordinate employees on at least three occasions, sexually harassed at least one employee, and failed to disclose intimate relationships with former law clerks and other personnel. While his resignation ensures he will commit no further misconduct, he will also be required to pay $51,000 in attorney fees. Affirmed.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: 2024CO23, Categories: Judiciary, Attorney Fees, Attorney Discipline
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J. Hood finds the trial court erroneously denied defendant's motion to merge her criminal trespass and burglary convictions for sentencing purposes. The trespass conviction involves a subset of the elements of second-degree burglary and, therefore, is a lesser-included offense. Meanwhile, although the court's error was not obvious, double jeopardy violations like the one at issue here require a reversal of a defendant's lesser conviction and resentencing to allow for a merger of the crimes. Reversed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: May 6, 2024, Case #: 2024CO25, Categories: Burglary, Double Jeopardy, Trespass
J. Marquez finds that the disciplinary counsel properly declined to apply Colorado's five-year statute of limitations to reciprocal disciplinary proceedings brought against attorney John F. Kennedy. Although the proceedings were brought nearly 15 years after the attorney's initial misconduct was discovered in Washington, D.C., the limitations period in attorney discipline cases is not meant to apply to reciprocal proceedings, which do not reexamine any of the misconduct or make independent findings. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: April 22, 2024, Case #: 2024CO21, Categories: Civil Procedure, Attorney Discipline
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: Insurance, Damages, Medical Malpractice
J. Hood finds the district court improperly excluded portions of a video to the jury that shows the defendant refusing to test for suspicion of DUI. This error influences the fairness of the trial, and most likely the jury’s verdict. The defendant has since died, but the portion of the opinion on the administrative definition of “refusal” is remanded for a new trial. Affirmed in part. Reversed in part.
Court: Colorado Supreme Court, Judge: Hood, Filed On: April 15, 2024, Case #: 2024CO20, Categories: Evidence, Jury, Dui
J. Hart finds that the appeals court erroneously reinstated negligence claims filed by the cyclist because her failure to file the lawsuit within two years of her 18th birthday rendered the suit against the motorist who struck her untimely. Although the statute of limitations for a motor vehicle tort may be extended when the victim is under the age of 18, the three-year limit is not tolled in such cases and, therefore, the cyclist was required to bring her claims within three years of the accident or two years after she turned 18, neither of which she did. Reversed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: April 8, 2024, Case #: 2024CO19, Categories: Civil Procedure, Negligence
J. Boatright finds the trial court erroneously granted defendant's motion to suppress during his first-degree murder case. His questioning by police shortly before his arrest occurred on a public roadway and did not involve commands or restraint; therefore, defendant was not in police custody at the time and the officers were not required to read him his Miranda rights beforehand. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: April 8, 2024, Case #: 2024CO18, Categories: Miranda, Murder
J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: Elections, Evidence
J. Hart finds the juvenile court properly denied defendant's motion to suppress a loaded handgun found in his backpack during a warrantless search conducted at his school. The school's policy of conducting such searches as part of its individualized safety plan reduced defendant's expectation of privacy and rendered the search reasonable. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: March 25, 2024, Case #: 2024 CO 16, Categories: Juvenile Law, Search
J. Samour finds the appeals court erroneously determined the "regular use vehicle" exclusion for uninsured motorist benefits in the classic car owner's policy was unenforceable. Although this court has previously found such benefits cannot be tied to use of a particular type of vehicle, the policy at issue in this case works in tandem with a standard policy that has its own uninsured motorist benefits and, therefore, allows for the exclusion. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: March 25, 2024, Case #: 2024 CO 17, Categories: Insurance, Vehicle, Contract
J. Hood finds a magistrate judge's probable cause hearing is a final order subject to appeal by a criminal defendant. Once a decision is made on whether to bind a case over to criminal court, the magistrate cannot rehear any issue and, therefore, has fully resolved the case. The decision does not become appealable until the magistrate memorializes it in writing; therefore, defendant's appeal was timely filed within 21 days of the written opinion.
Court: Colorado Supreme Court, Judge: Hood, Filed On: March 25, 2024, Case #: 2024 CO 15, Categories: Criminal Procedure, Judiciary
[Consolidated.] J .Gabriel finds the lower court erroneously dismissed the homeowners' lawsuits against their insurance companies. Although their insurance claims were untimely, according to the policy language, the courts should have applied the notice-prejudice rule adopted by this court in other insurance disputes. The homeowners' policies and subsequent claims were occurrence policies under which the notice requirements are included only to allow the insurer to investigate the claim and are not fundamental contractual terms. Therefore, the case must be remanded to allow the lower courts to determine whether the homeowners' delays in filing were reasonable. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO13, Categories: Civil Procedure, Insurance, Contract
J. Gabriel finds that Colorado's sex offender sentencing scheme allows parole boards to consider a juvenile defendant's maturity, although the statutory language does not require such consideration. The term "progress through treatment" does not necessarily include such a defendant's maturation process, which involves a number of factors that must be applied on a case-by-case basis. However, because "progress through treatment" includes sex offender programs that are, by definition, rehabilitative, parole boards must consider rehabilitation as part of their ultimate decisions regarding juvenile sex offenders.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO14, Categories: Juvenile Law, Parole, Sex Offender
Per curiam, the Supreme Court of Colorado finds that former Adams County District Court Judge Robert Kiesnowski will be publicly censured for the exploitation of his judicial position for the benefit of his brother-in-law and will also be assessed the cost of the Commission on Judicial Discipline's investigation into the matter. Kiesnowski represented his brother-in-law during an interview with law enforcement following a domestic violence incident, which violates the portion of the code of judicial conduct that prohibits legal representation of any kind, and he also attacked the character of his brother-in-law's girlfriend in an effort to use his position to influence the investigation. Therefore, because he has already retired following a previous disciplinary investigation, he will be publicly censured and incur the costs of the investigation.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 2024CO12, Categories: Judiciary, Sanctions
J. Hood finds the appeals court erroneously determined Colorado law requires a police officer to activate their lights and sirens for the entirety of a high-speed chase to be entitled to immunity for any personal injuries. The language of the statute includes no such language and allows for the application of immunity during any time period when an officer uses lights and sirens. Therefore, the officer who caused a fatal collision during a high-speed chase is entitled to immunity on wrongful death claims because he activated his lights well before he reached the intersection at which the collision occurred. Reversed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: February 20, 2024, Case #: 2024CO9, Categories: Immunity, Wrongful Death
Per curiam, the Supreme Court of Colorado grants petitioners' request to permanently enjoin the vexatious litigator from filing any lawsuits, appeals or motions with any court in the state, ruling her actions - both as a licensed attorney and a pro se litigant following disbarment - show a total lack of respect for the legal system and have accomplished nothing other than inundating the court system and frustrating her opposing parties with frivolous filings.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: 2024CO8, Categories: Civil Procedure, Sanctions, Injunction
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, Landlord Tenant, Housing
J. Gabriel finds the trial court properly refused to allow defendant to ask each potential juror their race because the question was irrelevant and he was still allowed to ask various questions regarding racial bias, a key issue for his defense at trial. Meanwhile, the trial court properly allowed the prosecution to use back-to-back peremptory challenges to dismiss two black jurors because the jurors' opinions on police and the death penalty gave the court legitimate reasons to excuse them. Affirmed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: February 20, 2024, Case #: 2024CO10, Categories: Constitution, Jury
J. Hart finds that although the parking garage is not fully enclosed and lacks HVAC equipment, the permanent nature of the structure and its inclusion of electricity and a surrounding wall qualifies it as a building under Colorado law, which prevents application of governmental immunity on the injured patron's premises liability claim. Additionally, the illusive nature of the surface that caused the patron's injuries was caused, at least in part, by the choice of resurfacing materials made during maintenance of the structure, which similarly prevents application of immunity for design defects; therefore, the patron's suit will proceed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: February 5, 2024, Case #: 2024CO7, Categories: Government, Immunity, Premises Liability
J. Hood finds the appeals court erroneously applied an abuse of discretion standard to the trial court's ruling on restitution. Current Colorado law requires a trial court to consider restitution alongside every criminal conviction, which allows for application of a clear error standard, given the issue in this case was one of proximate causation, which is exclusively fact-based. Regardless, the trial court properly imposed restitution for damage to the victim's vehicle because his decision to swerve in front of defendant as he rode away on a stolen bicycle was foreseeable and did not break the chain of causation. Affirmed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: February 5, 2024, Case #: 2024CO6, Categories: Criminal Procedure, Restitution
J. Samour finds the appeals court erroneously determined the accrual date of the county's contract claim against the city of Denver regarding a noise modeling system installed near the airport was nearly 20 years after the installation of the system and at the time the county first realized any damages from the city's breach of a noise monitoring agreement. Colorado law unambiguously states a contract claim's accrual date is the date upon which a breach is or should have been discovered by the filing party, and because the county knew the city had installed a noise "modeling" system, rather than a noise monitoring system, immediately after its installation, it had three years from the installation date to file the current action, which is untimely and must be dismissed. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 29, 2024, Case #: 2024CO5, Categories: Civil Procedure, Government, Contract
J. Gabriel finds the appeals court erroneously determined all of defendant's pro se appellate claims had been properly preserved. His failure to brief any of the issues following appointment of counsel rendered them abandoned. Additionally, the captain of the ship doctrine allowed defendant's appellant counsel to determine which claims to pursue once he failed to respond to the appeals court's briefing request - with or without his consent - and, therefore, the appeals court improperly reinstated all of the initial claims filed by defendant. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: January 22, 2024, Case #: 2024CO3, Categories: Criminal Procedure, Self Representation
J. Berkenkotter vacates the appeals court's decision to invalidate the methodology employed by the Arapahoe county assessor to calculate tax increment financing on certain real estate. The methodology did not violate Colorado's Urban Renewal Law, which grants such officials wide latitude to determine the most efficient and effective way to achieve urban renewal efforts under the law. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: January 22, 2024, Case #: 2024CO4, Categories: Property, Real Estate, Tax
J. Hart finds the undifferentiated fee clause in the attorney's employment contract that required him to pay a certain amount for each client that followed him when he left the law firm is a direct intrusion on the attorney-client relationship and violates the Colorado rules of professional conduct. Therefore, the clause is void under public policy. Affirmed in part.
Court: Colorado Supreme Court, Judge: Hart, Filed On: January 16, 2024, Case #: 2024CO1, Categories: Interference With Contract, Contract
J. Samour finds Colorado's rule of criminal procedure delineating when a defendant must disclose discovery evidence related to "the nature of any defense" is not restricted to affirmative defenses and necessarily includes information related to an alternate suspect theory, although a defendant is not required to disclose all evidence of such a theory. Therefore, the trial court's overly broad order in this case for defendant to disclose all material information about an alternate suspect will be rescinded to allow for only the necessary evidence, including the suspect's name and address, if available, to be disclosed at least 35 days prior to trial to allow for the prosecution to conduct its own investigation. Reversed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 16, 2024, Case #: 2024CO2, Categories: Criminal Procedure, Discovery
Per curiam, the Colorado Supreme Court finds the actions of former President Donald Trump to encourage and incite an insurrection disqualify him from being placed on the Republican primary ballot for the 2024 presidential election under the Fourteenth Amendment of the U.S. Constitution. The portion of the amendment that precludes an insurrectionist from holding officer was intended to be self-executing and, therefore, no act of Congress is required to allow the court to enforce it, although in anticipation of an appeal to the U.S. Supreme Court, the decision will be stayed until January 4, 2024.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: 2023CO63, Categories: Constitution, Elections, Government