August 22, 2019

Archives for October 17, 2014

Colorado Supreme Court: Unauthorized Driver of Rental Car Had Standing to Contest Admission of Contents of Search

The Colorado Supreme Court issued its opinion in People v. Sotelo on Monday, October 13, 2014.

Suppression of Evidence—Standing.

In this interlocutory appeal, the Supreme Court addressed whether an unauthorized driver of a rental car has standing to challenge the constitutionality of a state trooper’s search of gift-wrapped packages within the car following a traffic stop. The Court held that under the totality of the circumstances, defendant had a legitimate expectation of privacy in the packages and therefore had standing to contest the search of those packages, even though she was not authorized to drive the rental car. The Court affirmed the trial court’s order suppressing evidence of marijuana concealed in the packages.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Supreme Court: Quality Management Program Records Protected Since Program Had CDPHE Approval

The Colorado Supreme Court issued its opinion in Simpson v. Cedar Springs Hospital, Inc. on Monday, October 13, 2014.

Quality Management Privilege.

In this original CAR 21 proceeding, the Supreme Court held that the trial court erred in finding that a hospital must have “authoritative” documentation of approval by the Colorado Department of Public Health and Environment (CDPHE) for the quality management privilege under CRS §25-3-109 to apply. The Court held that because the hospital maintained a CDPHE license at all relevant times, its quality management program was necessarily approved by CDPHE, and the documents from its quality management committee meetings were therefore covered by the quality management privilege. The Court made this rule absolute, and remanded to the district court for further proceedings consistent with this opinion.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 10/16/2014

On Thursday, October 16, 2014, the Colorado Court of Appeals issued no published opinion and 39 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 10/16/2014

On Thursday, October 16, 2014, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Jackson

Gist v. Evans

In re Brock: Brock v. Glasser

Pryce-Dawes v. Colvin

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.