list factors (Colorado) · Go Syfert
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list factors in Colorado

27 Colorado opinions name it 2 courts 1977–2026 11 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
People v. Mathenygreen
colo · 2002 · cited in 3 Colorado opinions naming this issue, 2023–2025
2 sentences

2025Instead, he argues only that the court improperly applied the factors described in People v. Matheny, 46 P.3d 453, 465-66 (Colo. 2002), where our supreme court set forth a list of factors for determining whether a police station interview is custodial for purposes of Miranda.

2023Id. (quoting People v. Matheny, 46 P.3d 453 , 465–66 (Colo. 2002)).

23
v. Lujangreen
colo · 2020 · cited in 3 Colorado opinions naming this issue, 2025–2025
2 sentences

2025Id. , 461 P.3d at 499 .

2025Id. , 461 P.3d at 499 .

13
People Ex Rel. Amkgreen
coloctapp · 2003 · cited in 2 Colorado opinions naming this issue, 2025–2026
2 sentences

2026To the contrary, divisions of this court have consistently held that when a statute directs a decision maker to “consider” a list of factors, it “need not make specific findings on each and every factor . . . so long as there is some indication in the record that the pertinent factors were considered.” People in Interest of A.M.K., 68 P.3d 563 , 4 565-66 (Colo. App. 2003) (discussing a court’s statutory obligation to consider certain factors in allocating parental responsibilities). ¶ 13 The record contains more than enough evidence to demonstrate that the Board considered the statutory factor

2025See People in Interest of A.M.K., 68 P.3d 563, 566 (Colo. App. 2003) (When a statute directs the court to “consider” a list of factors, it “need not make specific findings on each and every factor . . . so long as there is some indication in the record that the pertinent factors were considered.”).

12
Armentrout v. FMC Corp.green
colo · 1992 · cited in 2 Colorado opinions naming this issue, 1993–2015
2 sentences

2015Cf. Armentrout , 842 P.2d at 184 (“Depending on the circumstances of each case, flexibility is necessary to decide which factors are to be applied, and the list of factors mentioned in Ortho and Camacho may be expanded or contracted as needed.â€). ¶22        Thus, Camacho indicates that the consumer expectation test survived Ortho , but only as one factor among the many listed in the risk-benefit test.

1993Id.

12
v. Riegergreen
coloctapp · 2019 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Rieger, 2019 COA 14, ¶ 14 (noting that a list of factors introduced with the word “including” indicates that the list is illustrative, not exhaustive). ¶ 11 The juvenile court considered the factors in section 19-4- 116(6), along with other relevant factors, in denying mother’s request for retroactive child support.

11
United States v. Palomar-Santiagogreen
scotus · 2021 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024See United States v. Palomar-Santiago, 593 U.S. 321, 326 (2021) (noting that, when 17 three statutory requirements “are connected by the conjunctive ‘and,’” all three requirements must be met). ¶ 36 The People contend that we can affirm on the alternative basis that the continuance was justified under section 18-1-405(6)(g)(II), which permits a court to grant a continuance past the speedy trial deadline, without the defendant’s consent, when the continuance is necessary “to allow the prosecuting attorney additional time . . . to prepare the state’s case and additional time is justified because

11
State v. Schiermangreen
wash · 2015 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See Kelly, 6 A.3d at 407 n.10; State v. Schierman, 438 P.3d 1063, 1082 (Wash. 2018). 10 ¶20 On one prior occasion we considered the Second Circuit’s triviality framework.

11
Kelly v. Stategreen
mdctspecapp · 2010 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See Kelly, 6 A.3d at 407 n.10; State v. Schierman, 438 P.3d 1063, 1082 (Wash. 2018). 10 ¶20 On one prior occasion we considered the Second Circuit’s triviality framework.

11
Sanabria v. United Statesgreen
scotus · 1978 · cited in 1 Colorado opinions naming this issue, 2016–2016
2 sentences

2016See Sanabria v. United States, 437 U.S. 54, 69-70 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); Abiodun, 111 P.3d at 465 n.2, 470; see also Roberts v. People, 203 P.3d 513, 516-17 (Colo. 2009).

2016See Sanabria v. United States, 437 U.S. 54, 69-70 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); Abiodun, 111 P.3d at 465 n.2, 470; see also Roberts v. People, 203 P.3d 513, 516-17 (Colo. 2009).

11
Roberts v. Peoplered
colo · 2009 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016See Sanabria v. United States, 437 U.S. 54, 69-70 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); Abiodun, 111 P.3d at 465 n.2, 470; see also Roberts v. People, 203 P.3d 513, 516-17 (Colo. 2009).

11
Dillingham v. Greeley Publishing Co.green
colo · 1985 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015Co., 701 P.2d 27, 32 (Colo.1985) (finding notice within several days to be within reasonable time allowed for service). ¶ 12 We have in the past also noted that this list of factors carried over in Garcia was intended to be exemplary and by no means exclusive.

11
Camacho v. Honda Motor Co., Ltd.green
colo · 1987 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015See Camacho , 741 P.2d at 1246-47 (“total†and “exclusive†reliance on consumer expectation test is inappropriate; consumer expectation test “does not provide a satisfactory test for determining whether particular products are in a defective condition unreasonably dangerous to the user or consumer,†and “diverts the appropriate focus†away from “the nature of the product under all relevant circumstances rather than upon the conduct of either the consumer or the manufacturerâ€). ¶23        Our review of post- Camacho supreme court decisions confirms that none of them

11
Mau v. E.P.H. Corp.green
colo · 1981 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Corp., 638 P.2d 777, 779 (Colo.1981) (discussing the list of factors set forth in the Code of Professional Responsibility to be considered in determining the reasonableness of a fee, including but not limited to the time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, the experience, reputation, and ability of the lawyer or lawyers performing the services). 124 Further, our case law has often e

11
People v. Payntergreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009Id. (citing People v. Paynter, 955 P.2d 68, 73-75 (Colo.1998)).

11
In Re the Marriage of Francisgreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2005–2005
1 sentence

2005See 919 P.2d at 785 . 13 This argument is not accurate.

11
International Brotherhood of Police Officers, Local No. 127 v. City & County of Denvergreen
colo · 1974 · cited in 1 Colorado opinions naming this issue, 1996–1996
2 sentences

1996See International Bhd. of Police Officers, Local No. 127 v. City & County of Denver, 185 Colo. 50, 54 , 521 P.2d 916, 918 (1974) [hereinafter Local No. 127 ] ("[T]here is no authority, constitutional or statutory, granting deputy sheriffs of the City and County of Denver the same general police powers given sheriffs and their deputies in other counties.") [11] We note, however, that our holding today is limited to the facts before us.

1996See International Bhd. of Police Officers, Local No. 127 v. City & County of Denver, 185 Colo. 50, 54 , 521 P.2d 916, 918 (1974) [hereinafter Local No. 127 ] ("[T]here is no authority, constitutional or statutory, granting deputy sheriffs of the City and County of Denver the same general police powers given sheriffs and their deputies in other counties.") [11] We note, however, that our holding today is limited to the facts before us.

11
Taco Bell, Inc. v. Lannongreen
colo · 1987 · cited in 1 Colorado opinions naming this issue, 1992–1992
1 sentence

1992The foregoing list of factors is not exclusive, no single factor controls, “and the question of whether a duty should be imposed in a particular case is essentially one of fairness under contemporary standards— whether reasonable persons would recognize a duty and agree that it exists.” Taco Bell, Inc. v. Lannon, 744 P.2d 43, 46 (Colo.1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Mumford v. People green
colo · 2012
2 sentences

2023Id. ( quoting People v. Matheny , 46 P.3d 453, 465-66 ( Colo. 2002 ) ) .

2023Id. (quoting People v. Matheny, 46 P.3d 453 , 465–66 (Colo. 2002)).

22023–2023
Quintano v. People green
colo · 2005
2 sentences

2016We have, however, never attempted to articulate a specific list of factors to be dispositive in every case, see Quintano, 105 P.3d at 592 , for the simple reason that factual distinctness sufficient to support successive convictions is ultimately a function of the legislature’s definition of the crime itself—what we, and the Supreme Court, have elsewhere referred to as its choice of an allowable unit of prosecution.

2005We have, however, never articulated a specific list of factors to be dispositive in every ease, see Quintano, 105 P.3d at 592 , because factual distinctness is ultimately a function of the legislature’s definition of the crime itself— the legislature’s choice of an allowable unit of prosecution.

22005–2016
People v. Jackson green
colo · 2002
2 sentences

2009In an effort to provide guidance in this area, we have enumerated a list of factors that may demonstrate that "a reasonable, innocent person would not feel free to decline the officers' requests or otherwise terminate the encounter." Jackson, 39 P.3d at 1184 . +These factors include but are not limited to: (1) whether there is a display of authority or control over the defendant by activating the siren or any patrol car overhead lights; (2) the number of officers preéent; (3) whether the officer approaches in a nonthreatening manner; (4) whether the officer displays a weapon; (5) whether the o

2008This court has enumerated a list of factors that may demonstrate that "a reasonable, innocent person would not feel free to decline the officers' requests or otherwise terminate the encounter." Jackson, 39 P.3d at 1184 .

22008–2009
People v. Martinez green
colo · 2009
1 sentence

2025Id. at ¶ 23. 9 ¶ 19 An investigatory stop can become an arrest when it “involves more than a brief detention and questioning.” Martinez, 200 P.3d at 1057 .

12025–2025
People v. Abiodun green
colo · 2005
1 sentence

2016See Sanabria v. United States, 437 U.S. 54, 69-70 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978); Abiodun, 111 P.3d at 465 n.2, 470; see also Roberts v. People, 203 P.3d 513, 516-17 (Colo. 2009).

12016–2016
State Farm Mutual Automobile Insurance v. Campbell green
scotus · 2003
2 sentences

2011Thereafter, in State Farm, the Court added "intentional malice, trickery, or deceit" to the list of factors that courts should consider in assessing reprehensibility. 538 U.S. at 419 , 123 S.Ct. 1513 .

2011Thereafter, in State Farm, the Court added "intentional malice, trickery, or deceit" to the list of factors that courts should consider in assessing reprehensibility. 538 U.S. at 419 , 123 S.Ct. 1513 .

12011–2011
Blockburger v. United States green
scotus · 1931
2 sentences

2005In Blockburger , the Supreme Court held that “[e]aeh of several successive sales constitute[d] a distinct offense,” under the then-existing Harrison Narcotic Act, where each successive sale was “not the result of the original impulse, but of a fresh one — that is to say, of a new bargain.” Blockburger, 284 U.S. at 303 , 52 S.Ct. 180 .

2005In Blockburger , the Supreme Court held that “[e]aeh of several successive sales constitute[d] a distinct offense,” under the then-existing Harrison Narcotic Act, where each successive sale was “not the result of the original impulse, but of a fresh one — that is to say, of a new bargain.” Blockburger, 284 U.S. at 303 , 52 S.Ct. 180 .

12005–2005
Passarelli v. Schoettler green
colo · 1987
1 sentence

1996Passarelli, 742 P.2d at 871-72 . [9] While we recognize that the list of factors in Denver v. State is not exhaustive, we nevertheless find them sufficient for our purposes here. [10] That is not to say, however, that deputy sheriffs in other counties do not have such power.

11996–1996
EL PASO CTY. BD. OF EQUAL. v. Craddock green
colo · 1993
1 sentence

1995Although we agree with the county that the list of factors outlined in El Paso County Board of Equalization v. Craddock, supra, is not exclusive, these factors all relate to circumstances which render unnecessary, or incompatible, the basis for the market absorption rate, that is, recognition of the time and up-front development costs associated with selling a number of individual lots.

11995–1995
University of Denver v. Whitlock green
colo · 1987
1 sentence

1992Thus, “[a] court’s conclusion that a duty does or does not exist is ‘an expression of the sum total of those considerations of policy which lead the law to say that the plaintiff is [or is not] entitled to protection.’ ” Whitlock, 744 P.2d at 57 (quoting W.

11992–1992
Idaho v. Wright green
scotus · 1990
2 sentences

1990The issues raised in the instant case, of course, are evidentiary in nature and do not directly involve constitutional confrontation under either the federal or state constitution. [7] In Idaho v. Wright, ___ U.S. ___, 110 S.Ct. 3139, 3150 , 111 L.Ed.2d 638 (1990), the United States Supreme Court offered the following list of factors, expressly intended as nonexclusive, for determining whether a child's hearsay statement contained particularized guarantees of trustworthiness: the spontaneity and consistent repetition of the statement; the mental state of the child-declarant; the child's use of

1990The issues raised in the instant case, of course, are evidentiary in nature and do not directly involve constitutional confrontation under either the federal or state constitution. [7] In Idaho v. Wright, ___ U.S. ___, 110 S.Ct. 3139, 3150 , 111 L.Ed.2d 638 (1990), the United States Supreme Court offered the following list of factors, expressly intended as nonexclusive, for determining whether a child's hearsay statement contained particularized guarantees of trustworthiness: the spontaneity and consistent repetition of the statement; the mental state of the child-declarant; the child's use of

11990–1990
People v. Boorem green
colo · 1974
2 sentences

1977In People v. Boorem, 184 Colo. 233 , 519 P.2d 939 (1974), this court cited a list of factors relevant to the consideration of exigent circumstances which included (1) urgency; (2) time needed to get a warrant; (3) reasonable belief contraband would be removed or destroyed; and (4) possibility of danger to police guarding contraband while the warrant would be obtained.

1977In People v. Boorem, 184 Colo. 233 , 519 P.2d 939 (1974), this court cited a list of factors relevant to the consideration of exigent circumstances which included (1) urgency; (2) time needed to get a warrant; (3) reasonable belief contraband would be removed or destroyed; and (4) possibility of danger to police guarding contraband while the warrant would be obtained.

11977–1977

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 16-12-102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 255 (1933–2025) TN 143 (1997–2026) CA 133 (1975–2026) IL 104 (1978–2026) OH 104 (1975–2026) MI 68 (1983–2026) PA 67 (1959–2026) MS 55 (1986–2025) LA 43 (1978–2026) WA 37 (1986–2024) UT 32 (1987–2025) OR 31 (1905–2025) MN 30 (1978–2025) MD 30 (1981–2025) IN 30 (1979–2026) WI 29 (1999–2023) CO 27 (1977–2026) NY 26 (1969–2025) AL 26 (1976–2025) KS 25 (1989–2025) FL 23 (1977–2025) MA 22 (1980–2020) ID 22 (1985–2026) IA 21 (1992–2026) NJ 20 (1983–2025) SC 16 (2008–2022) NV 16 (2009–2020) DC 16 (1980–2017) KY 15 (1968–2026) ME 15 (2004–2026) SD 15 (1990–2026) MO 14 (1975–2025) NC 14 (1984–2017) AK 13 (1972–2020) OK 13 (1986–2023) WY 12 (1989–2025) NE 12 (1999–2024) AZ 12 (1986–2025) WV 11 (1994–2024) MT 11 (1994–2010) CT 11 (1996–2025) AR 10 (1993–2015) NM 10 (1983–2024) VA 10 (1990–2017) ND 9 (1981–2021) GA 9 (1985–2024) RI 9 (1992–2023) VT 8 (1984–2016) NH 6 (2019–2023) DE 5 (1987–2025) VI 3 (2009–2025) HI 2 (2003–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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