province hearing in Colorado

18 Colorado opinions name it 2 courts 1988–2022 1 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 (10)

Case	Followed	Cited
Baldwin v. Hubergreen coloctapp · 2009 · cited in 10 Colorado opinions naming this issue, 2011–2022 2 sentences 2022See Baldwin v. Huber , 223 P.3d 150, 152 (Colo. App. 2009). ¶ 12 “The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual 7 matters solely within the province of the hearing officer a s the trier of fact.” Long v. Colo. Dep ’ t of Revenue, Motor Vehicle Div. , 2012 COA 130, ¶ 7, 296 P.3d 329, 332 (Colo. App. 2012). 2015See Hanson v. Colo. Dep't of Revenue, 2012 COA 143 , ¶ 13, 2012 WL 3755611 , aff'd, 2014 CO 55 , 328 P.3d 122 ; Baldwin v. Huber, 223 P.3d 150, 152 (Colo.App.2009). 113 Determinations concerning witness credibility, evidentiary weight, and the resolution of any evidentiary conflicts are factual matters solely within the province of the hearing officer as the trier of fact.	9	10
Charnes v. Lobatogreen colo · 1987 · cited in 8 Colorado opinions naming this issue, 2007–2015 2 sentences 2011Although Shiplet testified on his own behalf that he "didn't understand at all" the express consent form, the hearing officer found that Shiplet's testimony was not credible. "[The determinations concerning the credibility of the witnesses, the weight to be given to the evidence, and the resolution of any evidentia-ry conflicts are factual matters solely within the province of the hearing officer to decide as the trier of fact." Baldwin v. Huber, 223 P.3d 150, 152 (Colo.App.2009) (citing Charnes v. Lobato, 743 P.2d 27, 32-33 (Colo.1987)). 2010See Charnes v. Lobato, 743 P.2d 27, 32 (Colo.1987) (credibility of witnesses and the weight to be given their testimony are decisions within the province of the hearing officer).	8	8
Long v. Colorado Department of Revenue, Motor Vehicle Divisiongreen coloctapp · 2012 · cited in 2 Colorado opinions naming this issue, 2018–2022 2 sentences 2022See Baldwin v. Huber , 223 P.3d 150, 152 (Colo. App. 2009). ¶ 12 “The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual 7 matters solely within the province of the hearing officer a s the trier of fact.” Long v. Colo. Dep ’ t of Revenue, Motor Vehicle Div. , 2012 COA 130, ¶ 7, 296 P.3d 329, 332 (Colo. App. 2012). 2022See Baldwin v. Huber , 223 P.3d 150, 152 (Colo. App. 2009). ¶ 12 “The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual 7 matters solely within the province of the hearing officer a s the trier of fact.” Long v. Colo. Dep ’ t of Revenue, Motor Vehicle Div. , 2012 COA 130, ¶ 7, 296 P.3d 329, 332 (Colo. App. 2012).	2	2
Hanson v. Colorado Department of Revenue, Division of Motor Vehiclesgreen colo · 2014 · cited in 2 Colorado opinions naming this issue, 2015–2015 2 sentences 2015See Hanson v. Colo. Dep't of Revenue, 2012 COA 143 , ¶ 13, 2012 WL 3755611 , aff'd, 2014 CO 55 , 328 P.3d 122 ; Baldwin v. Huber, 223 P.3d 150, 152 (Colo.App.2009). 113 Determinations concerning witness credibility, evidentiary weight, and the resolution of any evidentiary conflicts are factual matters solely within the province of the hearing officer as the trier of fact. 2015See Hanson v. Colo. Dep't of Revenue, 2012 COA 143 , ¶ 13, 2012 WL 3755611 , aff'd, 2014 CO 55 , 328 P.3d 122 ; Baldwin v. Huber, 223 P.3d 150, 152 (Colo.App.2009). 113 Determinations concerning witness credibility, evidentiary weight, and the resolution of any evidentiary conflicts are factual matters solely within the province of the hearing officer as the trier of fact.	2	2
People v. Arguellogreen colo · 1989 · cited in 2 Colorado opinions naming this issue, 2010–2010 2 sentences 2010Arguello , 772 P.2d at 93 ( "Any doubts regarding the waiver must be resolved in the defendant 's favor." ( citing United States v. Williamson , 806 F.2d 216, 220 ( 10th Cir. 1986 ) ) ) ; see also People v. Tackett , 742 P.2d 957, 961 ( Colo.App. 1987 ) ( stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the " defendant 's alibi is to be established by testimony of witnesses other than defendant , the decision whether to present such defense is a strategic and tactical dec 2010Arguello, 772 P.2d at 93 ("Any doubts regarding the waiver must be resolved in the defendant's favor." (citing United States v. Williamson, 806 F.2d 216, 220 (10th Cir.1986))); see also People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the "defendant's alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the ex	2	2
People v. Tackettgreen coloctapp · 1987 · cited in 2 Colorado opinions naming this issue, 2010–2010 2 sentences 2010Arguello, T7T2 P.2d at 98 ("Any doubts regarding the waiver must be resolved in the defendant's favor." (citing United States v. Williamson, 806 F.2d 216, 220 (10th Cir.1986)) ); see also People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the "defendant's alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the 2010Arguello, 772 P.2d at 93 ("Any doubts regarding the waiver must be resolved in the defendant's favor." (citing United States v. Williamson, 806 F.2d 216, 220 (10th Cir.1986))); see also People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the "defendant's alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the ex	2	2
United States v. John Morgan Williamsongreen ca10 · 1986 · cited in 2 Colorado opinions naming this issue, 2010–2010 2 sentences 2010Arguello, T7T2 P.2d at 98 ("Any doubts regarding the waiver must be resolved in the defendant's favor." (citing United States v. Williamson, 806 F.2d 216, 220 (10th Cir.1986)) ); see also People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the "defendant's alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the 2010Arguello, 772 P.2d at 93 ("Any doubts regarding the waiver must be resolved in the defendant's favor." (citing United States v. Williamson, 806 F.2d 216, 220 (10th Cir.1986))); see also People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (stating that counsel may not prevent a defendant from presenting an alibi during his own testimony absent an effective waiver of his right to testify, but noting that where the "defendant's alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the ex	2	2
Charnes v. Robinsongreen colo · 1989 · cited in 1 Colorado opinions naming this issue, 2012–2012 1 sentence 2012Charnes v. Robinson, 772 P.2d 62, 68 (Colo.1989). 17 The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual matters solely within the province of the hearing officer as the trier of fact.	1	1
Brodak v. Viscontigreen coloctapp · 2007 · cited in 1 Colorado opinions naming this issue, 2009–2009 2 sentences 2009See Charnes v. Lobato, 743 P.2d 27, 32-38 (Colo.1987); Brodak v. Visconti, 165 P.3d 896, 898 (Colo.App.2007). 2009See Charnes v. Lobato, 743 P.2d 27, 32-33 (Colo.1987); Brodak v. Visconti, 165 P.3d 896, 898 (Colo.App.2007).	1	1
White v. DIRECTOR OF DIVISION OF LABOR, DEPT. OF L. & E.green coloctapp · 1972 · cited in 1 Colorado opinions naming this issue, 1988–1988 2 sentences 1988See White v. Director of Division of Labor, 30 Colo.App. 393 , 493 P.2d 676 (1972). 802 IV. 1988See White v. Director of Division of Labor, 30 Colo.App. 393 , 493 P.2d 676 (1972). 802 IV.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

Case	Cited	Years
Arko v. People green colo · 2008 2 sentences 2010We cannot, on the record before us , determine whether Bergerud truly "retain [ed] all of his trial rights." Arko , 183 P.3d at 558 . 2010We cannot, on the record before us, determine whether Bergerud truly "retain[ed] all of his trial rights." Arko, 183 P.3d at 558 .	2	2010–2010
Glasmann v. State, Department of Revenue, Motor Vehicle Division green coloctapp · 1986 1 sentence 2022If there is conflicting evidence , “the hearing officer’s finding is binding on appeal” and we “may not substitute [our] judgment for that of the fact finder.” Glasmann v. State , 719 P.2d 1096 , 109 7 (Colo. App. 1986).	1	2022–2022
Nye v. Motor Vehicle Division, Department of Revenue green coloctapp · 1995 1 sentence 2012Erbe v. Colo. Dep't of Revenue, 51 P.3d 1096 , 1098 (Colo.App.2002) ; Nye v. Motor Vehicle Div., 902 P.2d 959 , 961 (Colo.App.1995). ¶ 14 The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual matters solely within the province of the hearing officer as trier of fact.	1	2012–2012
Scherr v. Colorado Department of Revenue green coloctapp · 2002 1 sentence 2012See Baldwin v. Huber, 223 P.3d 150 , 152 (Colo.App.2009) ; Scherr v. Colo. Dep't of Revenue, 49 P.3d 1217 , 1219 (Colo.App.2002). ¶ 10 The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual matters solely within the province of the hearing officer as the trier of fact.	1	2012–2012
Erbe v. Colorado Department of Revenue, Motor Vehicle Division, Hearing Section green coloctapp · 2002 1 sentence 2012Erbe v. Colo. Dep't of Revenue, 51 P.3d 1096 , 1098 (Colo.App.2002) ; Nye v. Motor Vehicle Div., 902 P.2d 959 , 961 (Colo.App.1995). ¶ 14 The credibility of witnesses, the weight to be given to the evidence, and the resolution of conflicting evidence are factual matters solely within the province of the hearing officer as trier of fact.	1	2012–2012
Steward v. People green colo · 1972 2 sentences 1992Subsequently, in Steward v. People, 179 Colo. 31 , 498 P.2d 933 (1972), a case which also involved an ineffective-assistance-of-counsel claim, we cited with approval the former version of the American Bar Association Standards of Criminal Justice Relating to the Defense Function for the proposition that, while some strategic or tactical decisions are the exclusive province of defense counsel after consultation with the accused, the decision on whether to testify is one to be made ultimately by the accused after consultation with defense counsel. 179 Colo. at 34 , 498 P.2d at 934 . [2] Although 1992Subsequently, in Steward v. People, 179 Colo. 31 , 498 P.2d 933 (1972), a case which also involved an ineffective-assistance-of-counsel claim, we cited with approval the former version of the American Bar Association Standards of Criminal Justice Relating to the Defense Function for the proposition that, while some strategic or tactical decisions are the exclusive province of defense counsel after consultation with the accused, the decision on whether to testify is one to be made ultimately by the accused after consultation with defense counsel. 179 Colo. at 34 , 498 P.2d at 934 . [2] Although	1	1992–1992

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 42-2-126 (12) CO § Colo. Rev. Stat. § 24-4-105 (6) CO § Colo. Rev. Stat. § 24-4-106 (6) CO § Colo. Rev. Stat. § 2-4-201 (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

OH 50 (1990–2026) NY 28 (1905–2023) CO 18 (1988–2022) CT 11 (1993–2024) MA 11 (1999–2025) PA 10 (1982–2018) IL 9 (1982–2009) ND 6 (1995–2025) KS 4 (1924–2015) DC 3 (1995–2012) AZ 3 (1975–2018) MO 3 (1902–2020) FL 3 (1978–1996) CA 3 (1934–2016) MD 3 (2009–2018) WY 3 (1999–2000) HI 2 (2019–2019) OR 2 (1978–2021) OK 2 (1992–1998) LA 2 (1964–1989)

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.

← Caselaw search · G Cite Topics · Brief Check