14 results for 'judge:"Marquez"'.
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. Marquez, in this interlocutory review, finds the trial court properly suppressed inculpatory statements made by defendant. Accused of sexually assaulting his granddaughter, defendant's statements were elicited during a custodial interrogation without proper Miranda warnings. The court's ruling provided an independent basis for suppression and was not challenged on appeal. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: December 18, 2023, Case #: 23SA187, Categories: Miranda, Sex Offender, Child Victims
J. Marquez upholds the lower court's suppression of defendant's incriminating statements, made during a police interview, in connection with the state's case against him for his alleged sexual assault of his granddaughter over a 10-year period. The state's failure to address each of the trial court's reasons for suppression, including the involuntary nature of the statements and whether defendant was in custody at the time of the interview, requires the decision to be upheld. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: December 18, 2023, Case #: 2023CO62, Categories: Criminal Procedure, Miranda, Self Incrimination
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J. Marquez finds the appeals court properly granted the production companies' motion for summary judgment in a oil and gas lease dispute. A 4-month stoppage in oil production at several wells for necessary repairs to a sales pipeline did not trigger the termination clauses in the leases between the production companies and the landowners. The wells remained commercially viable during the shutdown and were still capable of production under the terms of the leases. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: November 20, 2023, Case #: 2023CO58, Categories: Property, Contract
J. Marquez finds the political subdivision doctrine used to determine whether a subsidiary of a government agency has standing to sue the agency will be abandoned in future cases, given that it created needless confusion and had significant overlap with the standard test used by courts to qualify a party's standing to file suit. Meanwhile, the lower court in this case properly dismissed the school district's lawsuit even in the absence of the subdivision doctrine because none of the State Board of Education's actions during its investigation of the district's leadership hindered its ability to serve its students or qualified as a concrete injury. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: October 16, 2023, Case #: 2023CO52, Categories: Civil Procedure, Education, Government
J. Marquez finds that the trial court properly dismissed a civil claim under the Child Sexual Abuse Accountability Act for alleged misconduct for which other legal claims were time-barred. The Act creates a new cause of action for conduct that happened before the Act and for which other claims have been time-barred, which violates the retrospectivity clause of the Colorado Constitution. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: June 20, 2023, Case #: 22SC824, Categories: Negligence
J. Marquez finds that the trial court violated defendant's constitutional right to present a defense by refusing to allow a nonparty alternate suspect to be questioned in the presence of the jury hearing her burglary case. The trial court should have held a hearing outside the jury's presence before refusing defendant's request. Overturning its previous decision in Dikeman, the court holds that a defendant may question a nonparty alternate suspect in front of a jury even if the nonparty intends to assert the Fifth Amendment right against self incrimination. First, a trial court must decide if a non-speculative connection exists between the nonparty alternate suspect and the subject crime, whether the nonparty has a valid Fifth Amendment claim and, if so, what limits should be placed on courtroom questioning to avoid drama. Reversed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: June 12, 2023, Case #: 21SC458, Categories: Burglary, Criminal Procedure, Dna
J. Marquez finds that the trial court properly rejected claims to revalue parcels of land for the 2020 tax year due to Covid-19 for failure to state a claim. The Covid-19 pandemic and related public health orders did not constitute "unusual conditions" that would require the revaluation of real property for 2020 tax purposes. The pandemic was not a "detrimental act of nature" and the public health orders were not regulations that restricted the use of owners' property. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: May 30, 2023, Case #: 22SC797, Categories: Property, Tax, Covid-19
J. Marquez finds that the trial court properly rejected claims to revalue parcels of land for the 2020 tax year due to Covid-19 for failure to state a claim. The Covid-19 pandemic and related public health orders did not constitute "unusual conditions" that would require the revaluation of real property for 2020 tax purposes. The pandemic was not a "detrimental act of nature" and the public health orders were not regulations that restricted the use of owners' property. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: May 30, 2023, Case #: 22SC798, Categories: Property, Tax, Covid-19