situation error (Colorado) · Go Syfert
← Colorado issues

situation error in Colorado

14 Colorado opinions name it 2 courts 1938–2025 2 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 (5)

CaseFollowedCited
People v. Lovatogreen
coloctapp · 2014 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Lovato, 2014 COA 113, ¶ 63 (“In considering whether prosecutorial remarks are improper, the reviewing court must weigh the effect of those remarks on the trial, and also take into account defense counsel’s ‘opening salvo.’”) (citation omitted).

11
United States v. Turriettagreen
ca10 · 2012 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024In United States v. Turrietta, 696 F.3d 972, 973 (10th Cir. 2012) — relied on by the Attorney General — the Tenth Circuit dealt with a situation in which defense counsel failed to raise an objection to the unsworn jury until after the guilty verdict was 15 reached.

11
State v. Lindellgreen
wis · 2001 · cited in 1 Colorado opinions naming this issue, 2014–2014
2 sentences

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

11
State v. Torresgreen
ariz · 2004 · cited in 1 Colorado opinions naming this issue, 2006–2006
2 sentences

2006See United States v. Lott, supra, 310 F.3d at 1250-51 ; see also State v. Torres, 208 Ariz. 340 , 93 P.3d 1056, 1059-60 (2004)(rejecting assertion that trial court’s failure to inquire was structural error, in part because there was always the possibility that the defendant would not have been entitled to substitution of counsel). *656 Consequently, we, like the courts in Lott and Torres , conclude a trial court’s error in failing to inquire is subject to harmless error review.

2006See United States v. Lott, supra, 310 F.3d at 1250-51 ; see also State v. Torres, 208 Ariz. 340 , 93 P.3d 1056, 1059-60 (2004)(rejecting assertion that trial court’s failure to inquire was structural error, in part because there was always the possibility that the defendant would not have been entitled to substitution of counsel). *656 Consequently, we, like the courts in Lott and Torres , conclude a trial court’s error in failing to inquire is subject to harmless error review.

11
United States v. Gary Allen Lott, United States of America v. Johnny Marton Lott, AKA Johnny Martin Lottgreen
ca10 · 2002 · cited in 1 Colorado opinions naming this issue, 2006–2006
1 sentence

2006See United States v. Lott, supra, 310 F.3d at 1250-51 ; see also State v. Torres, 208 Ariz. 340 , 93 P.3d 1056, 1059-60 (2004)(rejecting assertion that trial court’s failure to inquire was structural error, in part because there was always the possibility that the defendant would not have been entitled to substitution of counsel). *656 Consequently, we, like the courts in Lott and Torres , conclude a trial court’s error in failing to inquire is subject to harmless error review.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Hankinsgreen
coloctapp · 2014 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

11

Also cited on this issue (16)

CaseCitedYears
Weinberger v. Wiesenfeld green
scotus · 1975
2 sentences

1977Their fitness though affirmed was not found to be in the best interests of the child for legal custody when compared to the [Rutters].” The father also argues that Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 S.Ct. 1225 , 43 L.Ed.2d 514 (1975), supports his position.

1977Their fitness though affirmed was not found to be in the best interests of the child for legal custody when compared to the [Rutters].” The father also argues that Weinberger v. Wiesenfeld, 420 U.S. 636 , 95 S.Ct. 1225 , 43 L.Ed.2d 514 (1975), supports his position.

21977–1977
State v. Hickman green
ariz · 2003
1 sentence

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

12014–2014
United States v. Martinez-Salazar green
scotus · 2000
2 sentences

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

12014–2014
Ross v. Oklahoma green
scotus · 1988
2 sentences

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

2014Some courts have also suggested that prejudice may be shown where a court repeatedly and deliberately denies meritorious challenges for cause so as to force the defendant to use his peremptory challenges, see, e.g., Martinez-Salazar, 528 U.S. at 316 , 120 S.Ct. 774 ; Ross, 487 U.S. at 91 n. 5, 108 S.Ct. 2273 ; Novotny, ¶ 23 (distinguishing the situation in that case from a situation where a violation of statutes or rules prescribing the use of peremptory challenges is committed "in other than good faith"); State v. Lindell, 245 Wis.2d 689 , 629 N.W.2d 223, 245 (2001), or where a properly exerc

12014–2014
Minnesota v. Murphy green
scotus · 1984
2 sentences

1997Id. at 427-29 , 104 S.Ct. at 1142-43 .

1997Id. at 427-29 , 104 S.Ct. at 1142-43 .

11997–1997
In Re the Marraige of Wall green
colo · 1994
2 sentences

1995The conflict between Murphy and Wall I has been resolved and the uncertainty of the standard to be applied has been settled by In re Marriage of Wall, 868 P.2d 387 (Colo.1994) (W all II).

1995The conflict between Murphy and Wall I has been resolved and the uncertainty of the standard to be applied has been settled by In re Marriage of Wall, 868 P.2d 387 (Colo. 1994) ( Wall II ).

11995–1995
Iacino v. Brown green
colo · 1950
2 sentences

1988Iacino v. Brown, 121 Colo. 450 , 217 P.2d 266 (1950).

1988Iacino v. Brown, 121 Colo. 450 , 217 P.2d 266 (1950).

11988–1988
People v. Burley green
colo · 1974
1 sentence

1984Her presence “may be extremely important to government counsel” because “having lived with the case for a long time, [she] may be able to assist in meeting trial surprises where the best-prepared counsel would otherwise have difficulty,” and, in relation to government counsel, her presence “compares with the situation defense counsel finds himself in — he always has the client with him to consult during the trial.” See id.

11984–1984
People Ex Rel. Farina v. District Court of 21st Jud. Dist. green
colo · 1974
2 sentences

1982Farina v. District Court, 185 Colo. 118 , 522 P.2d 589 (1974), the court dealt with a similar situation in which defense counsel appeared at a preliminary hearing without the defendant, claiming orally that the latter was waiving his right to appear.

1982Farina v. District Court, 185 Colo. 118 , 522 P.2d 589 (1974), the court dealt with a similar situation in which defense counsel appeared at a preliminary hearing without the defendant, claiming orally that the latter was waiving his right to appear.

11982–1982
Nutt v. Davison green
colo · 1913
1 sentence

1961Nutt v. Davison, 54 Colo. 586 , 131 Pac. 390 ; Wheelock Bros.

11961–1961
Siebers v. Finance Corporation neutral
colo · 1937
2 sentences

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

11941–1941
Boxwell v. Greeley Union National Bank neutral
colo · 1931
2 sentences

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

11941–1941
Commercial Credit Co. v. Higbee neutral
colo · 1931
2 sentences

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

11941–1941
Martin v. Way green
colo · 1929
2 sentences

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

11941–1941
Andrews v. Loveland neutral
colo · 1864
1 sentence

1941See, Code, section 425; Siebers v. Labor Finance Corporation, 100 Colo. 40 , 64 P. (2d) 1263 ; Martin v. Way, 86 Colo. 232 , 280 Pac. 488 ; Commercial Credit Co. v. Higbee, 88 Colo. 300 , 295 Pac. 792 ; Andrews v. Loveland, 1 Colo. 8 , and Boxwell v. Greeley Bank, 89 Colo. 574 , 5 P. (2d) 868 .

11941–1941
Johnson v. Elliott neutral
colo · 1924
2 sentences

1938This principle was restated and adhered to by this court in the case of Johnson v. Elliott, 76 Colo. 358 , 231 Pac. 675 , where it was held that one who permits promoters of an insurance corporation to represent to the insurance commissioner that securities, claimed by her, are assets of the company, upon which representation a license was issued to it, will not be heard to say, as against a policy holder, that the property belongs, not to the company, but to her.

1938This principle was restated and adhered to by this court in the case of Johnson v. Elliott, 76 Colo. 358 , 231 Pac. 675 , where it was held that one who permits promoters of an insurance corporation to represent to the insurance commissioner that securities, claimed by her, are assets of the company, upon which representation a license was issued to it, will not be heard to say, as against a policy holder, that the property belongs, not to the company, but to her.

11938–1938

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 14-10-131 (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

NY 192 (1873–2024) CA 98 (1928–2026) IL 89 (1908–2026) TX 73 (1927–2024) PA 50 (1923–2024) FL 36 (1922–2015) MI 36 (1914–2025) MD 34 (1930–2025) AL 33 (1922–2017) LA 33 (1912–2018) GA 33 (1931–2012) IN 32 (1882–2018) MO 26 (1924–2012) OH 26 (1932–2019) IA 23 (1910–2026) OK 22 (1922–2022) WA 21 (1916–2020) WI 20 (1901–2021) KS 20 (1907–2014) NJ 18 (1929–2005) CT 17 (1902–2002) NE 17 (1930–2014) UT 14 (1894–2024) OR 14 (1919–2026) CO 14 (1938–2025) MA 13 (1885–2025) AZ 12 (1919–2017) TN 11 (1936–2005) NM 11 (1958–2024) DC 11 (1956–2013) KY 11 (1966–2018) MS 10 (1976–2017) WY 9 (1959–2003) WV 8 (1931–2014) MN 8 (1924–2017) NC 8 (1940–2021) DE 7 (1963–1995) ID 7 (1908–2014) AR 7 (1963–2001) VA 7 (1988–2023) RI 6 (1976–2024) MT 6 (1935–2005) ME 6 (1941–2024) SD 5 (1919–1999) SC 5 (1927–2014) VT 5 (1942–2006) AK 4 (1976–2022) HI 3 (2009–2014) ND 3 (1981–1999) NV 2 (1972–1994)

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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