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  • Commentaries
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Colorado Case Commentaries

COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit

Date: Sep 16, 2025
COML Cure Doctrine Confirmed; Prevailing-Party Fees When Violation Is Proven and Cure Occurs Only After Suit Case: O'Connell v. Woodland Park School District, 2025 CO 55 (Colo. Sept. 15, 2025) Court:...
People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults

People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults

Date: Sep 9, 2025
People v. Ray: Managing Res Gestae Fallout, Defining Limits on Victim Character Evidence, and Upholding LWOP for Emerging Adults I. Introduction The Colorado Supreme Court’s decision in People v....
Colorado’s Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

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

Date: Aug 13, 2025
Colorado’s Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule 1. Introduction In Lind-Barnett v. Tender Care Veterinary Center, Inc., 2025 CO 62 (Colo. Aug....
Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda

Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda

Date: Aug 10, 2025
Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda I. Introduction People v. Hollis, 2025 CO 54,...
Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required

Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required

Date: Aug 10, 2025
Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required 1. Introduction In People v. Hudson, 2025 CO 52, the Colorado Supreme Court...
Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors

Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors

Date: Aug 10, 2025
Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors Introduction Matter of Stanley no...
Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank)

Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank)

Date: Aug 10, 2025
Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank) I. Introduction Bianco v. Rudnicki (2025 CO 49) addresses how Colorado’s Health Care Availability...
People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations

People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations

Date: Aug 10, 2025
People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations...
Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR

Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR

Date: Aug 10, 2025
Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR Case: MetroPCS California, LLC v. City of Lakewood, Colorado Citation: 2025 CO 53 (Colo. Sept. 8, 2025)...
Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event

Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event

Date: Aug 10, 2025
Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event Introduction In Hobbs v. City of Salida, the...
“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

Date: Aug 5, 2025
“Virtual Access Is Not Enough”: The Constitutional Requirement of Physical Public Access to Criminal Trials After Rios v. People, 2025 CO 46 I. Introduction In Rios v. People, 2025 CO 46, 572 P.3d...
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Date: Aug 5, 2025
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense Case: The People of the State of Colorado v. Kenneth Alfonso Gallegos,...
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

Date: Aug 5, 2025
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller Introduction...
No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

Date: Aug 5, 2025
No-Admission Rule for the Felony Murder Affirmative Defense in Colorado Commentary on People v. Gallegos, 2025 CO 41, 572 P.3d 136 (Colo. 2025) I. Introduction In People v. Gallegos, 2025 CO 41, 572...
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

Date: Aug 5, 2025
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten Court: Colorado Supreme...
Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz

Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz

Date: Jul 12, 2025
Suspended Lawyers Forfeit Fees: Colorado PDJ Reaffirms Automatic Disbarment for Knowing Conversion and Clarifies Restitution to Third-Party Payors in People v. Vahsholtz Introduction This commentary...
Corporations Are “Citizens” Entitled to COML Attorney Fees; Fact-Only Disclosures Do Not Waive Attorney-Client Privilege

Corporations Are “Citizens” Entitled to COML Attorney Fees; Fact-Only Disclosures Do Not Waive Attorney-Client Privilege

Date: Jul 11, 2025
Corporations Are “Citizens” Entitled to COML Attorney Fees; Fact-Only Disclosures Do Not Waive Attorney-Client Privilege Introduction In The Sentinel Colorado v. Rodriguez, 2025 CO 58, the Colorado...
Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47)

Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47)

Date: Jul 1, 2025
Colorado Adopts a Four-Factor Reasonableness Test for Delays in Seeking Search Warrants After a Probable-Cause Seizure: People v. Mills (2025 CO 47) Introduction In People v. Mills, 2025 CO 47, the...
Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application

Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application

Date: Jul 1, 2025
Colorado Adopts Four-Factor Test for Reasonableness of Delay Between Seizure and Search Warrant Application Introduction In People v. Mills, 2025 CO 47 (Colo. 2025), the Colorado Supreme Court...
No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a)

No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a)

Date: Jul 1, 2025
No Automatic Revival of Jury Demand After Vacatur in Dependency and Neglect Cases: Re‑Demand and Timeliness Required under § 19-3-202(2) and C.R.J.P. 4.3(a) Case: The People of the State of Colorado...
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