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  • Commentaries
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Colorado Case Commentaries


      Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado

Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado

Date: Dec 26, 2025
Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado I. Introduction People v. Havens, 2025 CO 65, is a significant Colorado Supreme Court...
State Sentencing Caps Preempt Harsher Home-Rule Municipal Penalties for Identical Conduct

State Sentencing Caps Preempt Harsher Home-Rule Municipal Penalties for Identical Conduct

Date: Dec 23, 2025
State Sentencing Caps Preempt Harsher Home-Rule Municipal Penalties for Identical Conduct Case: In re People v. Camp; In re People v. Simons | Citation: 2025 CO 64 | Court: Colorado Supreme Court (en...
Home-Rule Municipal Sentences May Not Exceed State Sentencing Caps for Identical Conduct

Home-Rule Municipal Sentences May Not Exceed State Sentencing Caps for Identical Conduct

Date: Dec 23, 2025
Home-Rule Municipal Sentences May Not Exceed State Sentencing Caps for Identical Conduct Colorado Supreme Court (en banc), People by and through People of City of Westminster v. Camp & In re People...
Colorado Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

Colorado Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

Date: Dec 23, 2025
Colorado Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule Case: Jennifer Lind-Barnett and Julie Davis v. Tender Care Veterinary Center, Inc. Citation: 580...
People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption

People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption

Date: Dec 23, 2025
People v. Havens (2025 CO 65): No Crim. P. 16 “Failure-to-Record” Report Requirement and Mandatory Opportunity to Rebut BWC Inadmissibility Presumption Court: Colorado Supreme Court (en banc) Date:...
Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI

Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI

Date: Dec 18, 2025
Limiting the “Per Se Grave or Serious” Doctrine: People v. Kennedy and Vehicular Homicide–DUI I. Introduction In People v. Kennedy, 2025 CO 63, the Colorado Supreme Court confronted a recurring and...
People v. Kennedy (2025 CO 63): Vehicular Homicide–DUI Is Not Per Se “Grave or Serious” for Colorado Proportionality Review

People v. Kennedy (2025 CO 63): Vehicular Homicide–DUI Is Not Per Se “Grave or Serious” for Colorado Proportionality Review

Date: Dec 16, 2025
People v. Kennedy (2025 CO 63): Vehicular Homicide–DUI Is Not Per Se “Grave or Serious” for Colorado Proportionality Review I. Introduction Case: People v. Kennedy, 2025 CO 63 (Colorado Supreme...
Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center

Date: Dec 13, 2025
Defining “Public Issue” Under Colorado’s Anti‑SLAPP Statute: The Two‑Step Test and the Irrelevance of Motive in Lind‑Barnett v. Tender Care Veterinary Center I. Introduction In Jennifer Lind‑Barnett...
Once the HCAA Cap Is Lifted, Common Law Controls Amount: Jury Primacy Subject Only to Remittitur and Sufficiency Review

Once the HCAA Cap Is Lifted, Common Law Controls Amount: Jury Primacy Subject Only to Remittitur and Sufficiency Review

Date: Nov 25, 2025
Once the HCAA Cap Is Lifted, Common Law Controls Amount: Jury Primacy Subject Only to Remittitur and Sufficiency Review Case: Banner Health v. Gresser, 2025 CO 60M (Colo. Nov. 24, 2025) (modified...
When the HCAA Cap Is Lifted, Common-Law Damages Control: Jury Primacy Subject Only to Sufficiency Review and Remittitur

When the HCAA Cap Is Lifted, Common-Law Damages Control: Jury Primacy Subject Only to Sufficiency Review and Remittitur

Date: Nov 25, 2025
When the HCAA Cap Is Lifted, Common-Law Damages Control: Jury Primacy Subject Only to Sufficiency Review and Remittitur Case: BANNER HEALTH, d/b/a North Colorado Medical Center v. Chance GRESSER ...;...
People v. West (2025 CO 61): Improper Prosecutorial Remarks Alone Do Not Establish “Extreme” Special Circumstances for Disqualification Under § 20-1-107(2)

People v. West (2025 CO 61): Improper Prosecutorial Remarks Alone Do Not Establish “Extreme” Special Circumstances for Disqualification Under § 20-1-107(2)

Date: Nov 11, 2025
Improper Prosecutorial Remarks Alone Do Not Establish “Extreme” Special Circumstances for Disqualification Under § 20-1-107(2) I. Introduction In The PEOPLE of the State of Colorado v. Rocky Wayne...
People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term

People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term

Date: Oct 31, 2025
People v. Steinhauser: Minister-of-Justice Aggravation, Dominant Victim-Vulnerability Weighting, and a Split-Suspension Model Allowing Reinstatement by Motion Despite a “One Year and a Day” Term...
Generative-AI Deepfake “Nudes” Were Not “Sexually Exploitative Material” Under Pre-2025 § 18-6-403; 2025 Amendments Changed (Not Clarified) the Law

Generative-AI Deepfake “Nudes” Were Not “Sexually Exploitative Material” Under Pre-2025 § 18-6-403; 2025 Amendments Changed (Not Clarified) the Law

Date: Oct 14, 2025
Generative-AI Deepfake “Nudes” Were Not “Sexually Exploitative Material” Under Pre-2025 § 18-6-403; 2025 Amendments Changed (Not Clarified) the Law I. Introduction In re People of Int. of S.G.H.,...
People v. West (2025 CO 61): Prosecutorial Disqualification Requires Record-Proven “Extreme Circumstances” Making a Fair Trial Unlikely—Not Mere Impropriety or Public-Perception Concerns

People v. West (2025 CO 61): Prosecutorial Disqualification Requires Record-Proven “Extreme Circumstances” Making a Fair Trial Unlikely—Not Mere Impropriety or Public-Perception Concerns

Date: Oct 12, 2025
People v. West (2025 CO 61): Prosecutorial Disqualification Requires Record-Proven “Extreme Circumstances” Making a Fair Trial Unlikely—Not Mere Impropriety or Public-Perception Concerns I....
Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez

Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez

Date: Oct 8, 2025
Corporate Media as “Citizens” Under Colorado’s Open Meetings Law: A Commentary on Sentinel Colorado v. Rodriguez I. Introduction The Colorado Supreme Court’s decision in The Sentinel Colorado v....
Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57)

Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57)

Date: Sep 30, 2025
Jury Factfinding and Second Juries in Habitual Criminal Sentencing: Commentary on People v. Gregg (2025 CO 57) I. Introduction The Colorado Supreme Court’s decision in People v. Gregg, 2025 CO 57,...
People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury

People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury

Date: Sep 30, 2025
People v. Gregg: Jury Fact‑Finding for Habitual Criminal Status and No Double Jeopardy Bar to a Second Jury I. Introduction In People v. Gregg, 2025 CO 57, 576 P.3d 725 (Colo. 2025), the Colorado...
People v. Gregg (2025 CO 57): Jury-Found “Separate Episodes,” Judge Sufficiency Review, and No Double Jeopardy Bar to a Second Habitual Jury

People v. Gregg (2025 CO 57): Jury-Found “Separate Episodes,” Judge Sufficiency Review, and No Double Jeopardy Bar to a Second Habitual Jury

Date: Sep 30, 2025
Jury Determines “Separate and Distinct Criminal Episodes” Under Pre-2025 Habitual Scheme; Trial Judge Performs Sufficiency Review; Second Jury Permitted Without Double Jeopardy Introduction In re...
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez

Date: Sep 16, 2025
Limiting Colorado Minimum Wage Act Claims to the Wage Claim Act’s Two- and Three-Year Statute of Limitations: Commentary on By the Rockies, LLC v. Perez I. Introduction In By the Rockies, LLC, and...
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period

Date: Sep 16, 2025
Minimum Wage Act Claims Borrow the Wage Claim Act’s Two-/Three-Year Limitations Period I. Introduction By the Rockies, LLC v. Perez, 2025 CO 56, resolves a recurring gap in Colorado wage-and-hour...
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