Justia Colorado Supreme Court Opinion Summaries

In this appeal, the issue before the Supreme Court was the court of appeals' unpublished decision in "Colorado v. Gross," (07CA2255, slip op. at 7 (Colo. App. Apr. 1, 2010) (not selected for official publication)), which reversed the defendant's convictions that arose out of a shooting at a campground. The court of appeals concluded that the trial court committed cumulative error by instructing the jury on the initial aggressor doctrine, which was requested by defense counsel; by allowing the prosecutor to argue that the defendant did not satisfy the duty to retreat, a requirement of the initial aggressor jury instruction; and by failing to instruct the jury that it could consider self-defense to determine whether the defendant possessed the culpable mental state required for the crime of extreme indifference murder. In so holding, the court reasoned that the attorney incompetence exception to the invited error doctrine permits plain error review of a defense-tendered instruction. Upon review, the Supreme Court held that the invited error doctrine precludes plain error review of a defense-tendered instruction. The attorney incompetence exception does not apply to deliberate, strategic acts of defense counsel but rather to inadvertent errors or oversights. Here, the invited error doctrine precluded the defendant from arguing that the trial court erred by giving the initial aggressor instruction because the defendant's trial counsel made a deliberate, strategic decision to request it. Furthermore, the prosecutor's statements during closing argument about the duty to retreat also could not be raised on appeal. In addition, the trial court should have instructed the jury on self-defense with respect to the crime of extreme indifference murder, but this error did not amount to plain error. View "Gross v. Colorado" on Justia Law

Respondent Robert Lego admitted his wife to Porter Hospital's emergency room. She stayed there for approximately two months. The Legos' insurance provider notified Respondent in writing that it would stop covering Mrs. Lego's hospital care after six weeks. Respondent disputed the insurer's position and refused to discharge his wife from the hospital after six weeks. The hospital followed the insurer in notifying Respondent the insurance coverage for Mrs. Lego would end, and that the Legos would be responsible for any uncovered charges. In an effort to recoup those charges Respondent refused to pay, the hospital sued on the grounds of unjust enrichment with recovery in quantum meruit. Respondent moved to dismiss, arguing that the action was barred by a general statute of limitations codified in section 13-80-103.5(1)(a) C.R.S. (2011). The trial court denied the motion; the appellate court reversed, finding the trial court erred in determining the amount the insurance company did not pay was liquidated or determinable damages within the meaning of the statute. The Supreme Court reversed the appellate court, interpreting section 13-80-103.5(1)(a) C.R.S. (2011) to mean its six-year limitations period applied in this case, particularly when the amount owed was ascertainable either by reference to the agreement, or by simple computation using extrinsic evidence. View "Portercare Adventist Health System v. Lego" on Justia Law

Judith Koenig rented a car from a car rental company and was involved in an accident. PurCo sued Koenig to collect damages related to the incident, including damages for loss of the vehicle's use during the time it was being repaired. PurCo sought to measure loss of use damages by using the reasonable rental value of a substitute vehicle. Koenig filed a motion for summary judgment which the trial court granted, holding that PurCo could prevail on its loss of use damages claim only if it suffered actual lost profits. The court of appeals reversed the trial court's summary judgment ruling and remanded the case. It agreed with the trial court's conclusion that, in general, the appropriate measure of loss of use damages in a commercial setting is actual lost profits, but concluded the rental agreement in this case altered the measure of loss of use damages and held that PurCo was required to show certain loss prerequisites. Upon review, the Supreme Court affirmed the court of appeals judgment on different grounds, holding that loss of use damages in a commercial setting may be measured either by actual lost profits or by reasonable rental value. PurCo was entitled to recover loss of use damages irrespective of its actual lost profits. Accordingly, this case was remanded for calculation of the reasonable rental value of a substitute vehicle. View "Koenig v. PurCo Fleet Services, Inc." on Justia Law

In this interlocutory appeal, the Surpeme Court reviewed a trial court order that suppressed statements made by Petitioner Dianeth Pittman in response to police interrogation without a prior advisement pursuant to "Miranda v. Arizona," (384 U.S. 436, 444 (1966)). Upon review, the Court concluded that the trial court applied an incorrect legal standard in determining that Pittman was in custody for purposes of Miranda and therefore the trial court erred by suppressing the statements. Accordingly, the Court reversed the trial court's order. View "Colorado v. Pittman" on Justia Law

In this appeal, the Supreme Court reviewed a court of appeals' opinion in "Churchill v. Univ. of Colo. at Boulder," whereby the underlying civil action involved claims brought by Professor Ward Churchill pursuant to 42 U.S.C. 1983 after his tenured employment was terminated by the Board of Regents of the University of Colorado. Churchill alleged that the Regents violated his constitutionally protected free speech rights by initiating an investigation into his academic integrity and by terminating his tenured employment in retaliation for his publication of a controversial essay. Churchill sought both compensatory and equitable relief. The court of appeals affirmed the trial court's dismissal of Churchill's termination claim on grounds that the Regents' quasi-judicial actions were entitled to absolute immunity. It also affirmed the trial court's dismissal of Churchill's claim for equitable remedies because it concluded that such remedies were not available in a Section 1983 action against quasi-judicial officials. Lastly, based on its determination that allegedly retaliatory employment investigations are not actionable under Section 1983, the court of appeals affirmed the trial court's directed verdict in favor of the University on Churchill's bad faith investigation claim. Upon review, the Supreme Court affirmed, but on different grounds: (1) the Court held that the Regents' decision to terminate Churchill's employment was a quasi-judicial action functionally comparable to a judicial process, and that the Regents were entitled to absolute immunity concerning their decision; (2) the trial court did not abuse its discretion when it ruled that Churchill was not entitled to the equitable remedies of reinstatement and front pay; and (3) Churchill’s bad faith investigation claim was barred by qualified immunity because the Regents' investigation into Churchill's academic record does not implicate a clearly established statutory or constitutional right or law. View "Churchill v. University of Colorado at Boulder" on Justia Law

The Supreme Court granted certiorari in this case to determine, whether an attorney owes fiduciary duties to third parties who are entitled to funds from Colorado Lawyer Trust Account Foundation (COLTAF) trust accounts. The court of appeals reversed a trial court judgment and held that an attorney did not owe fiduciary duties to a group of medical service providers who were owed funds held in the attorney's COLTAF account. The Providers and the attorney, David J. Mintz,had an extensive and often contentious personal and business relationship over several years. Typically, Mintz would refer an uninsured victim of a motor vehicle accident to the Providers for medical services, paying himself and his clients' medical costs out of proceeds he secured after negotiating insurance settlements for the clients. The relationship turned sour due to a dispute about costs of a joint advertising arrangement, and, for reasons disputed by the parties, Mintz began withholding funds owed to the Providers for his clients' medical costs. Mintz eventually initiated an interpleader action for the withheld funds, naming as defendants his clients and the Providers. The Providers answered with several counterclaims, including breach of fiduciary duty. The trial court bifurcated the action and first determined that the Providers were entitled to the specific amount withheld in Mintz's COLTAF account but no more. In the second trial, the trial court found for the Providers on their abuse of process and breach of fiduciary duty counterclaims.The court of appeals reversed the trial court's holdings for the Providers in the second trial. Upon review, the Supreme Court agreed with the court of appeals and affirmed judgment: "the Providers may not maintain a breach of fiduciary duty tort action against Mintz based on his obligations as trustee of his COLTAF account. The attorney-client relationship creates fiduciary obligations with corresponding liabilities on the part of the attorney to the client, not to third parties such as the medical providers in this case. Although Mintz may have had ethical or contractual obligations to disburse money that clients owed to the Providers out of insurance settlement proceeds placed into his COLTAF account, Mintz did not owe the Providers the duties of a fiduciary that give rise to tort liability." View "Accident & Injury Medical Specialists., P.C. v. Mintz" on Justia Law

Grand Valley Citizens' Alliance filed a complaint alleging that it was entitled to a hearing on an application for permit to drill pursuant to section 34-60-108(7), C.R.S. (2011), of the Oil and Gas Conservation Act. The district court dismissed the complaint. The court of appeals reversed the district court, holding that under subsection 108(7), Grand Valley Citizens were entitled to a hearing because it had a filed a petition on a matter within the jurisdiction of the Commission. After its review, the Supreme Court reversed the court of appeals judgment, holding that section 34-60-108(7) requires a hearing only for rules, regulations, and orders. Permits are governed by section 34-60-106(1)(f), which grants the Oil and Gas Commission broad authority to promulgate rules governing the permitting process, including the authority to determine who may request a hearing. View "Colorado Oil & Gas Conservation Commission" on Justia Law

The People brought an interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2011),and C.A.R. 4.1, challenging the district court's suppression of statements made by Defendant Erick Figueroa-Ortega to a police detective. Defendant was charged with burglary, criminal mischief, and theft, in connection with a break-in at the restaurant where he worked as a cook. The district court found that the statements in question were the product of custodial interrogation, without the benefit of Miranda warnings. Because the Supreme Court determined that the defendant was not in custody at the time he made the statements in question, the district court erred, and its suppression order was reversed. View "Colorado v. Figueroa-Ortega" on Justia Law

In this case, the Supreme Court accepted certiorari on a statutory construction issue involving the definition of the word "victim" within the criminal case restitution statute, sections 18-1.3-601 to -603, C.R.S. (2011). Under that statute, the general assembly defined "victim" as "any person aggrieved by the conduct of an offender." The prosecution argued that the El Paso County Department of Human Services (DHS) was a victim entitled to restitution from Defendant Nicolette Chris Padilla-Lopez because it was required to expend funds to provide foster care for her children as a result of her guilty plea to misdemeanor child abuse. The court of appeals held that DHS could not be considered a victim for purposes of the criminal case restitution statute because the elements of the underlying crime of child abuse pertained to wrongful conduct against the child and do not include a wrong against DHS. Upon review, the Supreme Court agreed: "the existing criminal case restitution statute does not classify DHS as a 'victim' for the purpose of recovering costs it has expended in the course of fulfilling its statutorily mandated duty to provide necessary care to dependent and neglected children." View "Colorado v. Padilla-Lopez" on Justia Law

With the approval of the Public Utilities Commission (PUC), in 2005 the Public Service Company of Colorado (Xcel) began constructing a coal-fired electric power unit known as "Comanche 3." When Xcel sought to recover a portion of its construction costs nearly four years later in a rate proceeding, Petitioner Leslie Glustrom intervened. Petitioner sought to introduce testimony that Xcel acted improperly and, consequently, should not recover its costs. The PUC excluded most of her testimony, a ruling that Petitioner challenged. Petitioner separately challenged the depreciation rate and the possibility that Comanche 3 might not be "used and useful" at the time rates went into effect. The PUC denied her challenges, and the district court affirmed. Upon review, the Supreme Court held that the PUC did not abuse its discretion when it struck substantial portions of Petitioner's testimony pursuant to the Colorado Rules of Evidence. Further, the depreciation rate approved by the PUC was established pursuant to law and in accordance with the evidence. Lastly, the PUC was free to exercise its discretion in departing from a strict application of the "used and useful" principle. Petitioner failed to meet her burden in showing why such a departure here would result in a rate that is unjust and unreasonable in its consequences. View "Glustrom v. Colorado Public Utilities Commission" on Justia Law