Colorado Supreme Court issues four opinions from May 15-21

Photo of Colorado State Supreme Court building

The Colorado Supreme Court issued four opinions from May 15-21. As of May 21, the court issued 25 opinions in 2023 — one more than this point a year ago. Three of four opinions are below: 

  • Arvada Village Gardens v. Garate, where the court concluded that the federal 30-day notice provision enacted under the CARES Act is still in effect for covered properties. 
  • In the Matter of: Former Judge Mark D. Thompson, where the court publicly censured Former Judge Mark D. Thompson of the Fifth Judicial District and upheld the recommendations of the Colorado Commission on Judicial Discipline.
  • Liggett v. Colorado, where the court affirmed that “when a defendant presents psychiatric evidence supporting their insanity defense, they can open the door to the admission of psychiatric evidence rebutting that defense, even if the evidence includes the defendant’s voluntary but non-Miranda-compliant statements. Additionally, the Court held that § 16-8-103.6(2)(a), C.R.S. (2022)’s waiver of privilege as to ‘communications made by the defendant to a physician or psychologist’ includes communications made to a physician’s or psychologist’s agents.”

From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.

The Colorado Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Brian Boatright. The court issued 61 opinions in 2022 and 59 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Colorado is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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