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Colorado Case Commentaries

Competency as a Prerequisite to § 16-8-107(3)(b) Mental-Condition Examinations

Competency as a Prerequisite to § 16-8-107(3)(b) Mental-Condition Examinations

Date: Mar 17, 2026
Competency as a Prerequisite to § 16-8-107(3)(b) Mental-Condition Examinations Introduction In People v. Maria Day, the Colorado Supreme Court confronted a recurring tension in criminal practice:...
People v. Torres (2026 CO 15): “Nah” Plus Continued Engagement Is an Ambiguous Silence Invocation; Accurate Consequence-Talk and Truthfulness Appeals Are Not Coercion

People v. Torres (2026 CO 15): “Nah” Plus Continued Engagement Is an Ambiguous Silence Invocation; Accurate Consequence-Talk and Truthfulness Appeals Are Not Coercion

Date: Mar 11, 2026
People v. Torres (2026 CO 15): “Nah” Plus Continued Engagement Is an Ambiguous Silence Invocation; Accurate Consequence-Talk and Truthfulness Appeals Are Not Coercion Court: Colorado Supreme Court...
People v. McGee: Probable Cause Requires Arrest-Specific Identifiers—Generic Matching Descriptions Cannot Supply the Nexus

People v. McGee: Probable Cause Requires Arrest-Specific Identifiers—Generic Matching Descriptions Cannot Supply the Nexus

Date: Mar 11, 2026
People v. McGee: Probable Cause Requires Arrest-Specific Identifiers—Generic Matching Descriptions Cannot Supply the Nexus I. Introduction People v. Austin Rhys McGee (2026 CO 14) arose from an...
Single-Subject Rule: A TABOR Fee-Vote Initiative Cannot Also Redefine “Fee” Statewide

Single-Subject Rule: A TABOR Fee-Vote Initiative Cannot Also Redefine “Fee” Statewide

Date: Mar 11, 2026
Single-Subject Rule: A TABOR Fee-Vote Initiative Cannot Also Redefine “Fee” Statewide I. Introduction In Proposed Initiative 2025-2026 #158, 2026 CO 13, the Colorado Supreme Court reviewed—through an...
Bright-Line Rule: Criminal Violation of a Protection Order Qualifies as the Predicate “Crime Against Another Person or Property” for Second Degree Burglary

Bright-Line Rule: Criminal Violation of a Protection Order Qualifies as the Predicate “Crime Against Another Person or Property” for Second Degree Burglary

Date: Mar 6, 2026
Bright-Line Rule: Criminal Violation of a Protection Order Qualifies as the Predicate “Crime Against Another Person or Property” for Second Degree Burglary Case: People v. Dilka, 2026 CO 12, 25SA187...
Townsell v. People (2026 CO 11): Nonconclusory Strickland-Prejudice Pleading Required to Trigger Appointment of Postconviction Counsel Under Crim. P. 35(c)

Townsell v. People (2026 CO 11): Nonconclusory Strickland-Prejudice Pleading Required to Trigger Appointment of Postconviction Counsel Under Crim. P. 35(c)

Date: Feb 20, 2026
Townsell v. People (2026 CO 11): Nonconclusory Strickland-Prejudice Pleading Required to Trigger Appointment of Postconviction Counsel Under Crim. P. 35(c) 1) Introduction In Townsell v. People, 2026...
Deadly-Weapon Crime-of-Violence Interrogatory Does Not Nullify a Second-Degree Murder Conviction Absent Elemental Conflict

Deadly-Weapon Crime-of-Violence Interrogatory Does Not Nullify a Second-Degree Murder Conviction Absent Elemental Conflict

Date: Feb 20, 2026
Deadly-Weapon Crime-of-Violence Interrogatory Does Not Nullify a Second-Degree Murder Conviction Absent Elemental Conflict I. Introduction In People v. Shockey, 2026 CO 10, the Colorado Supreme Court...
Waste-Prevention Statutes in Title 37 Create No Private Cause of Action and Do Not Confer Water-Court Jurisdiction Over Flooding Torts

Waste-Prevention Statutes in Title 37 Create No Private Cause of Action and Do Not Confer Water-Court Jurisdiction Over Flooding Torts

Date: Feb 18, 2026
Waste-Prevention Statutes in Title 37 Create No Private Cause of Action and Do Not Confer Water-Court Jurisdiction Over Flooding Torts 1. Introduction In Byers Peak Properties, LLC v. Byers Peak Land...
County-Court Anti-SLAPP Final Judgments Are Not Appealable to the Colorado Court of Appeals

County-Court Anti-SLAPP Final Judgments Are Not Appealable to the Colorado Court of Appeals

Date: Feb 5, 2026
County-Court Anti-SLAPP Final Judgments Are Not Appealable to the Colorado Court of Appeals 1. Introduction Hinds v. Foreman, 2026 CO 9 addresses a structural question of Colorado appellate...
Selective Prosecution in Colorado: “Similarly Situated” Is Fact-Intensive, and General Statistics Alone Rarely Prove Discriminatory Effect or Purpose

Selective Prosecution in Colorado: “Similarly Situated” Is Fact-Intensive, and General Statistics Alone Rarely Prove Discriminatory Effect or Purpose

Date: Feb 4, 2026
Selective Prosecution in Colorado: “Similarly Situated” Is Fact-Intensive, and General Statistics Alone Rarely Prove Discriminatory Effect or Purpose I. Introduction In Mitchell v. People, 2026 CO 8,...
Crim. P. 16(I)(c)(2) Nonparty Discovery Orders Require Personal Jurisdiction by Proper Service

Crim. P. 16(I)(c)(2) Nonparty Discovery Orders Require Personal Jurisdiction by Proper Service

Date: Feb 4, 2026
Crim. P. 16(I)(c)(2) Nonparty Discovery Orders Require Personal Jurisdiction by Proper Service Case: In re the PEOPLE of the State of Colorado v. Juan Manuel CASTORENA, 2026 CO 2, 582 P.3d 459 Court:...
Byers Peak: No Private Waste Claim Under § 37-84-108; §§ 37-84-124/-125 Protect Water Rights (Not Flooding) and Constrain Water-Court Ancillary Jurisdiction

Byers Peak: No Private Waste Claim Under § 37-84-108; §§ 37-84-124/-125 Protect Water Rights (Not Flooding) and Constrain Water-Court Ancillary Jurisdiction

Date: Jan 29, 2026
Byers Peak: No Private Waste Claim Under § 37-84-108; §§ 37-84-124/-125 Protect Water Rights (Not Flooding) and Constrain Water-Court Ancillary Jurisdiction 1. Introduction Case: Byers Peak Props. v....
PUC Tariffs Cannot Limit Electric Utility Tort Liability to Non-Customers; HVSA Notice Binds Only Contracting Parties and Triggers No-Causation Indemnity

PUC Tariffs Cannot Limit Electric Utility Tort Liability to Non-Customers; HVSA Notice Binds Only Contracting Parties and Triggers No-Causation Indemnity

Date: Jan 29, 2026
PUC Tariffs Cannot Limit Electric Utility Tort Liability to Non-Customers; HVSA Notice Binds Only Contracting Parties and Triggers No-Causation Indemnity Case: Pub. Serv. Co. of Colo. v. Outdoor...
“Substance” Means the Entire Product: Colorado Narrows Involuntary Intoxication When Multiple Intoxicants Are Alleged

“Substance” Means the Entire Product: Colorado Narrows Involuntary Intoxication When Multiple Intoxicants Are Alleged

Date: Jan 29, 2026
“Substance” Means the Entire Product: Colorado Narrows Involuntary Intoxication When Multiple Intoxicants Are Alleged Case: The People of the State of Colorado v. Isaac U. Mion Citation: People v....
Child-Abuse “Testimony” Exception Does Not Reach Medical Records; Body-Cam Hospital Footage Requires Privilege-and-Policy Findings

Child-Abuse “Testimony” Exception Does Not Reach Medical Records; Body-Cam Hospital Footage Requires Privilege-and-Policy Findings

Date: Jan 15, 2026
Child-Abuse “Testimony” Exception Does Not Reach Medical Records; Body-Cam Hospital Footage Requires Privilege-and-Policy Findings Case: People v. Soron, 2026 CO 3, 25SA203 (Colo. Jan 12, 2026)...
Rule 16 Discovery Orders to Nonparties Require Personal Jurisdiction Through Proper Service

Rule 16 Discovery Orders to Nonparties Require Personal Jurisdiction Through Proper Service

Date: Jan 15, 2026
Rule 16 Discovery Orders to Nonparties Require Personal Jurisdiction Through Proper Service Case: People v. Castorena, 2026 CO 2 (Colo. Jan. 12, 2026) (No. 25SA179) | Court: Colorado Supreme Court...
People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a Completed CMHHIP Evaluation

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a Completed CMHHIP Evaluation

Date: Jan 14, 2026
People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a Completed CMHHIP Evaluation Citation: People v. McGee, 2026 CO 4, 25SA224 (Colo. Jan 12, 2026) Court:...
People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a CMHHIP Evaluation, and Trial Courts May Not Retroactively Undo the Initial Order

People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a CMHHIP Evaluation, and Trial Courts May Not Retroactively Undo the Initial Order

Date: Jan 13, 2026
People v. McGee (2026): Timely Second-Opinion Competency Evaluations Are Mandatory After a CMHHIP Evaluation, and Trial Courts May Not Retroactively Undo the Initial Order Court: Colorado Supreme...
Colorado: Child-Abuse Exception to Physician–Patient Privilege Is Limited to Testimony (Not Medical Records); Body-Worn Camera Footage Requires Privilege and Public-Policy Findings

Colorado: Child-Abuse Exception to Physician–Patient Privilege Is Limited to Testimony (Not Medical Records); Body-Worn Camera Footage Requires Privilege and Public-Policy Findings

Date: Jan 13, 2026
Colorado: Child-Abuse Exception to Physician–Patient Privilege Is Limited to Testimony (Not Medical Records); Body-Worn Camera Footage Requires Privilege and Public-Policy Findings I. Introduction In...
Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons)

Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons)

Date: Dec 26, 2025
Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons) I. Introduction The Colorado Supreme Court’s decision in People v. Michelle, 2025...
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