Summaries of Published Opinions, 0521 COBJ, Vol. 50, No. 5 Pg. 91

PositionVol. 50, 5 [Page 91]

50 Colo.Law. 91

Summaries of Published Opinions

No. Vol. 50, No. 5 [Page 91]

Colorado Lawyer

May, 2021


March 8, 2021

2021 CO 16. No. 20SA316. People v. Peluso.

Criminal Law—Evidence—Searches and Seizures—Fourth Amendment.

In this interlocutory appeal, the Supreme Court reviewed the trial court's order suppressing evidence of drugs discovered during a warrantless search of defendant's residence. Because the officers acted on a reasonable belief that defendant's girlfriend had authority to consent to the search, the Court concluded that the trial court erred in suppressing the evidence. The Court therefore reversed the trial court's suppression order and remanded the case for further proceedings.

March 15, 2021

2021 CO 17. No. 2OSC585. Markwell v. Cooke.

Separation of Powers—Colo. Const. Art. V, § 22—Reading Requirement—Judiciary's Prerogative and Responsibility to Discern Compliance with Constitutional Provision

Colorado Constitution article V, § 22 provides that" [e]very bill shall be read by tide when introduced, and at length on two different days in each house." In this case, the Supreme Court was asked to decide whether uploading a bill to multiple computers and using automated software to simultaneously give voice to different portions of the bill at a speed of about 650 words per minute complies with this reading requirement. While there are different methods of compliance, the Court agreed with the district court's determination that the unintelligible sounds produced by the computers on the Senate floor on March 11, 2019, did not fulfill the reading requirement However, it was not within the district court's domain to dictate the form or manner by which the legislature may comply with the reading requirement. In doing so, the district court trespassed upon the separation-of-powers tenet essential to our constitutional system of government Accordingly, the judgment was affirmed in part and reversed in part.

March 22, 2021

2021 CO 18. No. 2OSA336. People v. Padilla Jr.

Criminal Law—Miranda—Custody.

Two detectives interrogated defendant about a sexual assault allegation without providing Miranda warnings. During that conversation, defendant stated that he did not have a sexual...

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