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  • Commentaries
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Colorado Case Commentaries

Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect

Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect

Date: May 1, 2026
Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect Introduction In Beagle v. People, 2026 CO 24, the Colorado Supreme Court considered whether...
SVP Designation Is Not “Punishment” Under the Eighth Amendment Absent the “Clearest Proof” of Punitive Effect

SVP Designation Is Not “Punishment” Under the Eighth Amendment Absent the “Clearest Proof” of Punitive Effect

Date: Apr 29, 2026
SVP Designation Is Not “Punishment” Under the Eighth Amendment Absent the “Clearest Proof” of Punitive Effect Case: Beagle, Timothy v. People (2026 CO 24) Court: Colorado Supreme Court (en banc)...
Rental Car Companies Offering “Liability Insurance Supplement” Are Not Statutory Insurers—and Cary De Facto Insurer Liability Is Confined to Claims-Handling Administrators with Primary Responsibility

Rental Car Companies Offering “Liability Insurance Supplement” Are Not Statutory Insurers—and Cary De Facto Insurer Liability Is Confined to Claims-Handling Administrators with Primary Responsibility

Date: Apr 29, 2026
Rental Car Companies Offering “Liability Insurance Supplement” Are Not Statutory Insurers—and Cary De Facto Insurer Liability Is Confined to Claims-Handling Administrators with Primary Responsibility...
Section 10-3-1118 Limited to General Cooperation-Clause Defenses; Excess UIM Exhaustion Satisfied by Undisputed Damages Beyond Underlying Limits

Section 10-3-1118 Limited to General Cooperation-Clause Defenses; Excess UIM Exhaustion Satisfied by Undisputed Damages Beyond Underlying Limits

Date: Apr 29, 2026
Section 10-3-1118 Limited to General Cooperation-Clause Defenses; Excess UIM Exhaustion Satisfied by Undisputed Damages Beyond Underlying Limits I. Introduction United Services Automobile v. Wenzell,...
Lopez v. People (2026 CO 23): Persistent “Coaching” Theory Opens the Door to Limited Expert Testimony that No Indicia of Coaching Were Observed

Lopez v. People (2026 CO 23): Persistent “Coaching” Theory Opens the Door to Limited Expert Testimony that No Indicia of Coaching Were Observed

Date: Apr 17, 2026
Persistent “Coaching” Theory Opens the Door to Limited Expert Testimony that No Indicia of Coaching Were Observed Case: Lopez v. People, 2026 CO 23, 24SC244 (Colo. Apr 13, 2026) Court: Colorado...
Lopez v. People (2026 CO 23): Repeated Coaching Allegations “Open the Door” to Limited Expert Testimony of No Indicia of Coaching

Lopez v. People (2026 CO 23): Repeated Coaching Allegations “Open the Door” to Limited Expert Testimony of No Indicia of Coaching

Date: Apr 17, 2026
Lopez v. People (2026 CO 23): Repeated Coaching Allegations “Open the Door” to Limited Expert Testimony of No Indicia of Coaching Court: Colorado Supreme Court (en banc) Date: April 13, 2026 Author:...
Lopez v. People (2026 CO 23): Repeated “Coaching” Theory Can Open the Door to Otherwise Inadmissible Expert “No Indicia of Coaching” Testimony—Narrowly and Proportionally

Lopez v. People (2026 CO 23): Repeated “Coaching” Theory Can Open the Door to Otherwise Inadmissible Expert “No Indicia of Coaching” Testimony—Narrowly and Proportionally

Date: Apr 16, 2026
Lopez v. People (2026 CO 23): Repeated “Coaching” Theory Can Open the Door to Otherwise Inadmissible Expert “No Indicia of Coaching” Testimony—Narrowly and Proportionally 1. Introduction Parties:...
CGIA Notice Strictly Runs from Discovery of Injury—Not Discovery of the Proper Public Entity

CGIA Notice Strictly Runs from Discovery of Injury—Not Discovery of the Proper Public Entity

Date: Apr 16, 2026
CGIA Notice Strictly Runs from Discovery of Injury—Not Discovery of the Proper Public Entity Introduction In Mostellar v. City of Colo. Springs, 2026 CO 22, the Colorado Supreme Court addressed...
CGIA Notice Clock Runs from Discovery of Injury (Not Identification of the Responsible Public Entity) and Requires Strict Compliance Under § 24-10-109(1)

CGIA Notice Clock Runs from Discovery of Injury (Not Identification of the Responsible Public Entity) and Requires Strict Compliance Under § 24-10-109(1)

Date: Apr 16, 2026
CGIA Notice Clock Runs from Discovery of Injury (Not Identification of the Responsible Public Entity) and Requires Strict Compliance Under § 24-10-109(1) I. Introduction In Mostellar, Jaimi v. City...
Colorado Supreme Court: C.R.C.P. 11 “Reasonable Inquiry” Is Fact-Dependent and Does Not Require Direct Interviews Before Reusing Allegations from Related Complaints

Colorado Supreme Court: C.R.C.P. 11 “Reasonable Inquiry” Is Fact-Dependent and Does Not Require Direct Interviews Before Reusing Allegations from Related Complaints

Date: Apr 9, 2026
Colorado Supreme Court: C.R.C.P. 11 “Reasonable Inquiry” Is Fact-Dependent and Does Not Require Direct Interviews Before Reusing Allegations from Related Complaints Case: CenturyLink, Inc. v. Houser,...
Phillips v. People (2026 CO 21) Commentary

Phillips v. People (2026 CO 21) Commentary

Date: Apr 8, 2026
Evidentiary Exclusion Is Not “Suppression” Under Crim. P. 37.1(a): An Unauthorized Prosecution Appeal Does Not Toll Colorado’s Statutory Speedy Trial Deadline Introduction In Phillips v. People, 2026...
Colorado Public Works Act: Disputed/Unliquidated Delay Claims Permitted in Verified Statements; Excessive-Claim Forfeiture Limited to Statutory Remedies

Colorado Public Works Act: Disputed/Unliquidated Delay Claims Permitted in Verified Statements; Excessive-Claim Forfeiture Limited to Statutory Remedies

Date: Apr 8, 2026
Colorado Public Works Act: Disputed/Unliquidated Delay Claims Permitted in Verified Statements; Excessive-Claim Forfeiture Limited to Statutory Remedies Introduction Ralph L. Wadsworth Construction...
CenturyLink v. Houser: C.R.C.P. 11 Reasonable-Inquiry Standard for Borrowed Allegations Is Fact-Dependent and Does Not Require Direct Contact with Confidential Witnesses

CenturyLink v. Houser: C.R.C.P. 11 Reasonable-Inquiry Standard for Borrowed Allegations Is Fact-Dependent and Does Not Require Direct Contact with Confidential Witnesses

Date: Apr 8, 2026
CenturyLink v. Houser: C.R.C.P. 11 Reasonable-Inquiry Standard for Borrowed Allegations Is Fact-Dependent and Does Not Require Direct Contact with Confidential Witnesses I. Introduction In...
“Suppress” as a Term of Art: Only True Suppression Orders Support Crim. P. 37.1 Interlocutory Appeals and Speedy-Trial Tolling

“Suppress” as a Term of Art: Only True Suppression Orders Support Crim. P. 37.1 Interlocutory Appeals and Speedy-Trial Tolling

Date: Apr 8, 2026
“Suppress” as a Term of Art: Only True Suppression Orders Support Crim. P. 37.1 Interlocutory Appeals and Speedy-Trial Tolling Case: Khristina Phillips v. People, 2026 CO 21 (Colo. Apr. 6, 2026)...
Public Works Act Claims May Include Disputed Delay/Disruption Costs; Excessive-Claim Forfeiture Is Limited to Statutory Remedies

Public Works Act Claims May Include Disputed Delay/Disruption Costs; Excessive-Claim Forfeiture Is Limited to Statutory Remedies

Date: Apr 8, 2026
Public Works Act Claims May Include Disputed Delay/Disruption Costs; Excessive-Claim Forfeiture Is Limited to Statutory Remedies Case: Ralph L. Wadsworth Construction Company, LLC v. Regional Rail...
Noncustodial Requests for Counsel Do Not Trigger Edwards—Even After a Miranda Advisement

Noncustodial Requests for Counsel Do Not Trigger Edwards—Even After a Miranda Advisement

Date: Apr 3, 2026
Noncustodial Requests for Counsel Do Not Trigger Edwards—Even After a Miranda Advisement Case: People v. Lulei, 2026 CO 17 (Colo. Mar 30, 2026) Court: Colorado Supreme Court (En Banc) Posture:...
Statistical Counts of Child-Abuse/Neglect Reports from Named Facilities Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality

Statistical Counts of Child-Abuse/Neglect Reports from Named Facilities Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality

Date: Apr 3, 2026
Statistical Counts of Child-Abuse/Neglect Reports from Named Facilities Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality I. Introduction In Brubaker v. Colo. Sun & Tegna, 2026 CO...
Noncustodial Miranda Warnings Do Not Make a Counsel Request Effective Under Edwards; Custody May Be Decided as an Antecedent Issue on C.A.R. 4.1 Review

Noncustodial Miranda Warnings Do Not Make a Counsel Request Effective Under Edwards; Custody May Be Decided as an Antecedent Issue on C.A.R. 4.1 Review

Date: Mar 31, 2026
Noncustodial Miranda Warnings Do Not Make a Counsel Request Effective Under Edwards; Custody May Be Decided as an Antecedent Issue on C.A.R. 4.1 Review Case: People v. Lulei, Dakotah, 2026 CO 17...
Per-Facility Statistical Counts of Child-Abuse Hotline Reports Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality

Per-Facility Statistical Counts of Child-Abuse Hotline Reports Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality

Date: Mar 31, 2026
Per-Facility Statistical Counts of Child-Abuse Hotline Reports Are Disclosable Under CORA Despite § 19-1-307(1)(a) Confidentiality Case: Brubaker v. Colorado Sun, 2026 CO 18 (Colo. Mar. 30, 2026)...
People v. Day (2026): Competency as a Prerequisite to § 16-8-107(3)(b) Mental-Condition Examinations

People v. Day (2026): Competency as a Prerequisite to § 16-8-107(3)(b) Mental-Condition Examinations

Date: Mar 19, 2026
Competency First: A Defendant Must Be Competent Before Undergoing a § 16-8-107(3)(b) Mental-Condition Examination Case: The People of the State of Colorado v. Maria Laida Day Citation: People v. Day,...
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