Justia Colorado Supreme Court Opinion Summaries

Deshawn Lynn Randolph was charged with two counts of soliciting for child prostitution under Colorado law. The charges stemmed from interactions with an undercover investigator posing as a minor on a social networking platform. Randolph offered to arrange sex work for the investigator, who had claimed to be underage. At trial, Randolph argued that he did not intend to arrange sex work but was merely boasting to delay any action until the investigator turned eighteen.The district court instructed the jury that the applicable mental state for the charges was "knowingly," rejecting Randolph's proposed instruction that would have required proof of "intentionally." The jury found Randolph guilty, and he was sentenced to two concurrent nine-year terms. Randolph appealed, arguing that the jury instructions were incorrect. The Colorado Court of Appeals affirmed the convictions, holding that "knowingly" was the correct mental state.The Supreme Court of Colorado reviewed the case to resolve the appropriate mental state for the crime of soliciting for child prostitution. The court held that the culpable mental state for the crime under subsections (1)(a) and (1)(b) of the statute is "knowingly," aligning with the mental state explicitly designated in subsection (1)(c). The court affirmed the lower court's judgment, concluding that the district court did not err in its jury instructions. View "Randolph v. People" on Justia Law

In 2008, Kelly James Schnorenberg formed KJS Marketing, Inc. to secure funding and recruit agents for insurance companies. Between 2009 and 2015, KJS solicited over $15 million from approximately 250 investors, promising a 12% annual return. Schnorenberg failed to disclose to investors his past legal and financial troubles, including a lawsuit by the Colorado Division of Securities, a permanent injunction from selling securities in Colorado, a bankruptcy filing, and unpaid civil judgments.Schnorenberg was charged with twenty-five counts of securities fraud under section 11-51-501, with twenty-four counts based on materially false statements or omissions and one count based on a fraudulent course of business. He planned to defend himself by arguing that he acted in good faith reliance on the advice of his securities lawyer, Hank Schlueter. However, the trial court denied his motions for a continuance to secure Schlueter's testimony and excluded Schnorenberg's testimony about the specific advice he received, ruling it as hearsay.The Colorado Court of Appeals vacated seven of Schnorenberg's convictions as time-barred, reversed the remaining convictions, and remanded the case for further proceedings. The court concluded that the trial court erred in excluding Schnorenberg's testimony about his lawyer's advice and in not instructing the jury that good faith reliance on the advice of counsel could negate the mens rea element of the securities fraud charges.The Supreme Court of Colorado reviewed the case and held that the mens rea of "willfully," synonymous with "knowingly," applies to each element of securities fraud under subsections 11-51-501(1)(b) and (c). The court concluded that Schnorenberg's testimony about his lawyer's advice was relevant to whether he had the requisite mens rea and that the trial court erred in excluding this testimony. The court affirmed the judgment of the Court of Appeals and remanded the case for a new trial. View "People v. Schnorenberg" on Justia Law

The plaintiffs, Kathleen Keaten and her daughter Delaney Keaten, lived in a Section 8 housing complex managed by the defendants, Terra Management Group, LLC, and Littleton Main Street LLC. They complained about physical ailments due to suspected methamphetamine fumes from the apartment below. The defendants evicted the tenant in the lower unit but failed to preserve evidence from the apartment. The Keatens later filed a lawsuit under the Colorado Premises Liability Act, alleging permanent injuries from the fumes.The Arapahoe County District Court held a bench trial and ruled in favor of the Keatens, awarding significant damages. The court found that the chemical fumes from the lower unit caused the Keatens' injuries, relying on expert testimony and meth residue levels. The court also drew an adverse inference against the defendants for failing to preserve evidence from the lower unit.The defendants appealed, and the Colorado Court of Appeals affirmed the trial court's judgment. The appellate court agreed that the defendants should have known about their potential liability and upheld the adverse inference sanction. The defendants then petitioned the Supreme Court of Colorado for certiorari review.The Supreme Court of Colorado held that a duty to preserve evidence arises when a party knows or should know that litigation is pending or reasonably foreseeable. The court concluded that any error in the trial court's adverse inference sanction was harmless because the causation finding was based on independent evidence. Therefore, the Supreme Court affirmed the judgment of the court of appeals. View "Terra Mgmt. Grp. v. Keaten" on Justia Law

Kenneth Alfonso Gallegos and three friends attempted to obtain vaping products from a high school classmate, L.C. During the encounter, a struggle ensued, and one of Gallegos's friends fatally shot L.C. Gallegos was charged with felony murder, with predicate felonies of aggravated robbery, attempted robbery, and conspiracy to commit aggravated robbery. At trial, Gallegos denied planning to rob L.C. or knowing about the gun. He requested a jury instruction on the affirmative defense to felony murder, which the trial court denied, deeming it incompatible with his outright denial of involvement in the crime.The jury found Gallegos guilty, and he appealed. The Colorado Court of Appeals reversed his felony murder conviction, holding that defendants may both deny the predicate felony and raise the affirmative defense to felony murder. The court found that the trial court erred by not giving Gallegos's requested instruction.The Supreme Court of Colorado reviewed the case and held that a defendant need not admit the predicate felony to raise the affirmative defense to felony murder. The court affirmed the judgment of the court of appeals, concluding that the plain language of the affirmative defense statute does not require an admission of the underlying felony. The court emphasized that the affirmative defense to felony murder can be raised even if the defendant denies committing the predicate felony, as long as there is some credible evidence supporting the defense's conditions. View "People v. Gallegos" on Justia Law

The case involves Robert Keith Ray, who was charged with multiple offenses related to the murders of Javad Marshall-Fields and Vivian Wolfe in a drive-by shooting. Marshall-Fields was set to testify against Ray in a separate shooting incident at Lowry Park, where Ray and his associate, Sir Mario Owens, were involved. Ray was convicted of nearly all charges related to the Dayton Street shooting and was initially sentenced to death. However, after Colorado abolished the death penalty, the Governor commuted Ray's sentence to life without the possibility of parole (LWOP).The Arapahoe County District Court entered the judgment of conviction and sentenced Ray to death, which was later commuted to LWOP. Ray appealed his convictions and sentence directly to the Colorado Supreme Court, challenging several evidentiary rulings, prosecutorial misconduct, and the constitutionality of his LWOP sentence. He also alleged juror misconduct and sought to subpoena jurors to investigate these claims.The Colorado Supreme Court reviewed Ray's appeal and found that while the district court made some errors in admitting certain evidence and that some of the prosecution's comments were improper, none of these errors warranted reversal. The court concluded that the district court properly denied inquiry into alleged juror misconduct under CRE 606(b) and upheld the constitutionality of Ray's LWOP sentence. The court affirmed the judgment of conviction and the commuted sentence. View "People v. Ray" on Justia Law

Isaiah Ismael Rios was charged with multiple counts, including first-degree murder, related to a series of crimes over eighteen days. His trial, initially set for July 2020, was delayed due to the COVID-19 pandemic. The trial court, following public health guidelines, excluded all spectators from the physical courtroom, providing virtual access instead. Rios objected, arguing this violated his Sixth Amendment right to a public trial. The trial proceeded with these restrictions, and Rios was convicted.The Colorado Court of Appeals reviewed the case and determined that the exclusion of the public from the courtroom constituted a nontrivial partial closure. However, it concluded that Rios's right to a public trial was not violated because the closure was justified under the Supreme Court's standard in Waller v. Georgia. The court found that the closure was warranted due to the public health crisis, was no broader than necessary, and that reasonable alternatives were considered.The Supreme Court of Colorado reviewed the case and held that virtual access alone does not satisfy the Sixth Amendment right to a public trial. The court determined that a courtroom closure occurred but concluded that the closure did not violate Rios's right to a public trial. The court found that the closure was justified under the Waller factors due to the public health concerns related to COVID-19. Therefore, the Supreme Court of Colorado affirmed the judgment of the court of appeals. View "Rios v. People" on Justia Law

This case involves a dispute over the sale of real property. Patricia Ann Scott, the seller, previously sued real estate agent Kaylee Schnelle for professional negligence, alleging mishandling of the sale. Schnelle's motions for summary judgment and directed verdict were denied, and the jury found in her favor. Subsequently, Schnelle filed a malicious prosecution claim against Scott and her attorneys, arguing they lacked probable cause and conspired against her. The defendants moved to dismiss, citing the prior denials as evidence of probable cause.The district court denied the motion to dismiss, stating that the previous denials were factors to consider but did not conclusively establish probable cause. The court found Schnelle's allegations sufficient to support her claim. The Colorado Court of Appeals affirmed this decision, agreeing that the denials did not create a rebuttable presumption of probable cause.The Supreme Court of Colorado reviewed the case to determine if such denials should create a rebuttable presumption of probable cause. The court concluded that while the denials are factors in the probable cause analysis, they do not create a rebuttable presumption. The court emphasized the need for a careful, case-by-case analysis rather than a bright-line rule. Consequently, the court affirmed the judgment of the court of appeals, holding that the denials of summary judgment and directed verdict motions do not establish probable cause as a matter of law. View "Cantafio v. Schnelle" on Justia Law

Krista Dozier slipped and fell on an unmarked puddle of water in the Jefferson County courthouse. She filed a tort action against Jefferson County, which moved to dismiss the case, claiming immunity under the Colorado Governmental Immunity Act (CGIA). Dozier argued that the spill was a "dangerous condition" of a public building, an exception to CGIA immunity. The district court found the County's response to the spill reasonable and dismissed Dozier's claims for lack of subject matter jurisdiction. The Colorado Court of Appeals reversed, holding that the reasonableness of the County's response was irrelevant to jurisdiction and that the County had waived CGIA immunity under the dangerous-condition exception.The Supreme Court of Colorado reviewed the case and reversed the judgment of the court of appeals. The court held that when disputed jurisdictional facts are inextricably intertwined with the merits, a plaintiff must demonstrate a likelihood of the existence of the facts necessary to establish a waiver of CGIA immunity. Additionally, the plaintiff must show that a public entity's negligent act or omission proximately caused the condition in question for the dangerous-condition exception to apply. The district court had found the County's response to the spill reasonable, concluding that Dozier failed to establish the spill as a "dangerous condition" and thus lacked jurisdiction over her claims.The Supreme Court of Colorado reinstated the district court's order dismissing Dozier's complaint, emphasizing that the plaintiff must demonstrate a likelihood that the public entity's negligent act or omission proximately caused the dangerous condition to establish a waiver of CGIA immunity. View "Jefferson Cnty. v. Dozier" on Justia Law

Brandon and Amanda Sullivan, the biological parents of three young children, passed away, leaving the children in the care of Amanda's parents, Suzanne and August Nicolas. The Nicolases were appointed as the children's emergency and then permanent guardians. Subsequently, they adopted the children. After the adoption, Brandon's parents, Jayne Mecque and Daniel Francis Sullivan, sought and were granted grandparent visitation rights. The Nicolases later moved to vacate this visitation order, arguing that the Sullivans lacked standing to seek visitation post-adoption.The domestic relations court denied the Nicolases' motion, finding that the Sullivans had standing to seek grandparent visitation. The Nicolases appealed, and the Colorado Court of Appeals affirmed the lower court's decision, holding that the Sullivans retained their standing to seek visitation despite the adoption. The Nicolases then sought review from the Supreme Court of Colorado.The Supreme Court of Colorado reviewed the case and determined that under section 19-1-103(70)(a), C.R.S. (2021), grandparent standing is limited to those who are currently the parents of a child's father or mother. The court held that following an adoption, the parents of a child's former mother or father are no longer considered "grandparents" under the statute. Therefore, the Sullivans lacked standing to seek grandparent visitation after the Nicolases adopted the children. The Supreme Court reversed the judgment of the court of appeals and remanded the case for further proceedings consistent with this opinion. View "In re The Parental Responsibilities Concerning Children K.M.S." on Justia Law

Adetayo Sotade, a defendant in a criminal case in Douglas County, Colorado, is charged with second-degree kidnapping, sexual assault, and unlawful sexual contact. During the investigation, the Colorado Bureau of Investigations (CBI) conducted forensic testing, and it was later discovered that a CBI DNA analyst, Yvonne "Missy" Woods, had tampered with DNA testing in numerous cases. Sotade's defense team requested records related to Woods' misconduct from the CBI under the Colorado Criminal Justice Records Act (CCJRA). The CBI provided some documents but withheld others, prompting Sotade to file an application in the Douglas County District Court to compel the CBI to release the records.The Douglas County District Court held a hearing and concluded it had ancillary jurisdiction to hear the case, despite the CBI's argument that the court lacked jurisdiction because the records were located in Jefferson County. The CBI then filed a petition with the Colorado Supreme Court, arguing that the CCJRA requires such applications to be filed in the district where the records are located and that ancillary jurisdiction was not applicable.The Colorado Supreme Court reviewed the case and concluded that the plain language of the CCJRA requires that a show-cause hearing must take place in the district court where the records are located. The court held that ancillary jurisdiction is not available when a specific statutory provision applies. Therefore, the court made the order to show cause absolute, ruling that the Douglas County District Court did not have jurisdiction to hear the application and that it should have been filed in Jefferson County. View "People v. Sotade" on Justia Law