Summaries of Published Opinions
| Publication year | 2022 |
| Pages | 90 |
COLORADO SUPREME COURT
Summaries of Published Opinions
August 29, 2022
2022 CO 39. No. 22SA268. In re Thompson.
Judicial Conduct.
The Colorado Commission on Judicial Discipline requested that die Supreme Court adopt its recommendation, based on the parties' stipulation for public censure and suspension, to publicly censure Judge Mark D. Thompson and to suspend him from his judicial duties withoutpayfor30 days. The recommendation was based on Judge Thompson's admitted violation of Judicial Canon Rules 1.1 and 1.2.
The Court adopted the recommendation, publicly censured Judge Thompson, and suspended Judge Thompson from his judicial duties for 30 days without pay.
September 12, 2022
2022 CO 40. No. 21SC119. People v. Raider.
Fourth Amendment and Reasonableness in General—Necessity of and Preference for Warrant, and Exceptions in General—Right to Sample or Conduct Test—Initiating Procedure.
After being arrested for driving under the influence (DUI), Raider refused a breath or blood test under the Expressed Consent Statute, which prohibits forced specimen collection except in four specific circumstances. As a result, officers applied for and received a search warrant to conduct a blood draw, authorizing them to use reasonable force as necessary.
Here, the Supreme Court considered whether the prohibition against forced specimen collection in the Expressed Consent Statute applies to all searches of people suspected of DUI or only to warrantless searches. The Court concluded that the statute only contemplates warrantless searches and thus the Expressed Consent Statute's prohibition against forced specimen collection has no bearing on searches executed pursuant to a valid warrant.
The Court of Appeals' judgment was reversed.
2022 CO 41. No. 21SC441. Gorostieta v. People.
Defendant's Identity as Element of Crime or Sentence Enhancer.
In this case, the Supreme Court considered what prosecutors must prove to establish a defendant's identity as the perpetrator of a prior crime when the defendant's conviction of that prior crime is an element or sentence enhancer of the present offense. The Court concluded that the prosecution must establish an essential link between the prior conviction and the defendant, which requires presenting some documentary evidence and corroborating evidence of identification that...
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