Summaries of Published Opinions
| Jurisdiction | Colorado,United States |
| Citation | Vol. 51 No. 6 Pg. 89 |
| Pages | 89 |
| Publication year | 2022 |
April 11, 2022
2022 CO 16. No. 22SA10. People v. Ramos.
Criminal Procedure—Fourth Amendment.
The People brought this interlocutory appeal from a trial court order suppressing certain evidence found on a cell phone, arguing that they were not on notice that the seizure of defendant's cell phone was at issue. Because the record demonstrates that the People had ample notice regarding defendant's motion to suppress evidence obtained from his cell phone, the Supreme Court affirmed the trial court's order.
2022 CO 17. No. 21SC62. In re Marriage of Mack.
Public Employment Retirement Benefits—Dissolution of Marriage—Equitable Division of Assets.
Members of Colorado's Public Employees' Retirement Association (PERA) are allowed three option choices for distribution of their retirement benefits. Option 1 allows for monthly payments to the retiree, and when the retiree dies, the payments cease. Options 2 and 3 similarly allow for monthly payments to the retiree. Under options 2 and 3, however, the retiree names a co-beneficiary, and when the retiree dies, the named co-beneficiary continues to receive monthly benefit payments for life. Option choices are generally final, but CRS § 24-51-802(3.8) provides that if the retiree chose either option 2 or 3 and the retiree's spouse was named co-beneficiary at retirement, the court presiding over the retiree's dissolution of marriage action "shall have the jurisdiction to order or allow" the retiree to remove the spouse as named co-beneficiary and prompt a conversion to option 1 benefits.
In this case, the Supreme Court considered whether CRS § 24-51-802(3.8) empowers the divorcing retiree to unilaterally remove the former spouse as named co-beneficiary and convert to option 1, or whether that power lies with the trial court. The Court concluded that CRS § 24-51-802(3.8) vests the trial court, not the retiree, with the authority to remove the former spouse as co-beneficiary and facilitate a conversion to option 1.
The Court affirmed the Court of Appeals' judgment, albeit on different grounds.
2022 CO 18. No. 21SC232. Arapahoe County Department of Human Services v. Velarde. State Administrative Procedure Act—Judicial Review of Final Agency Action—Judicial Enforcement of Agency's Final Order—CRS § 24-4-106—Overpayment of Medical Assistance Benefits.
The Supreme Court considered whether the 35-day deadline...
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