aggravating and mitigating factors in Colorado

13 Colorado opinions name it 1 courts 1990–2012 0 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 (7)

Case	Followed	Cited
People v. Tennesongreen colo · 1990 · cited in 3 Colorado opinions naming this issue, 1990–2007 2 sentences 1990In light of Colorado’s statutory scheme requiring the jury to be convinced beyond a reasonable doubt that any mitigating factors do not outweigh a proven statutory aggravating factor, and the further requirement that the jury, after weighing the aggravating and mitigating factors, must agree unanimously and beyond a reasonable doubt that death is the appropriate penalty, see Tenne-son, 788 P.2d 786 , I cannot say with any degree of assurance, much less beyond a reasonable doubt, that the error in submitting the unconstitutionally vague aggravating factor to the jury did not adversely and subst 1990In light of Colorado's statutory scheme requiring the jury to be convinced beyond a reasonable doubt that any mitigating factors do not outweigh a proven statutory aggravating factor, and the further requirement that the jury, after weighing the aggravating and mitigating factors, must agree unanimously and beyond a reasonable doubt that death is the appropriate penalty, see Tenneson, 788 P.2d 786 , I cannot say with any degree of assurance, much less beyond a reasonable doubt, that the error in submitting the unconstitutionally vague aggravating factor to the jury did not adversely and substa	2	3
People v. Musickgreen colo · 1998 · cited in 3 Colorado opinions naming this issue, 2002–2005 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	1	3
People v. Bronsteingreen colo · 1998 · cited in 1 Colorado opinions naming this issue, 1999–1999 1 sentence 1999See id. at 516-17 .	1	1
People v. Wotangreen colo · 1997 · cited in 1 Colorado opinions naming this issue, 1998–1998 1 sentence 1998In addition, as in People v. Wotan, 944 P.2d 1257, 1264 (Colo.1997), we believe that the respondent must be required to demonstrate that he has been rehabilitated and is once again fit to practice law before he may be reinstated.	1	1
People v. Bertagnolligreen colo · 1996 · cited in 1 Colorado opinions naming this issue, 1998–1998 1 sentence 1998Acts of domestic violence, like sexual assaults, “commonly occur in secret and remain unknown to the public until the victim complains.” People v. Bertagnolli, 922 P.2d 935, 939 (Colo.1996). .Taking the seriousness of the offenses together with the aggravating and mitigating factors, we conclude that a long, rather than short, period of suspension is necessary.	1	1
People v. Honakergreen colo · 1993 · cited in 1 Colorado opinions naming this issue, 1994–1994 1 sentence 1994See, e.g., People v. Honaker, 863 P.2d 337 (Colo.1993) (failure to perform services for client and pattern of neglect of client matters causing injury to client together with default in proceedings and evidence of prior discipline warrant three-year suspension); People v. Anderson, 817 P.2d 1035 (Colo.1991) (attorney’s misconduct in failing to respond to discovery requests, in leaving practice without properly withdrawing from cases or filing change of address, in failing to timely prepare a written judgment, and in failing to prevent dismissal of ease for failure to prosecute, was mitigated b	1	1
People v. Maygreen colo · 1987 · cited in 1 Colorado opinions naming this issue, 1990–1990 1 sentence 1990See, e.g., People v. May, 745 P.2d 218 (Colo.1987).	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 (12)

Case	Cited	Years
People v. Nelson neutral colo · 1997 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	3	2002–2005
People v. Reaves green colo · 1997 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	3	2002–2005
People v. Shipman green colo · 1997 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	3	2002–2005
People v. McGuire green colo · 1997 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	3	2002–2005
People v. Knight green colo · 1994 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	2	2003–2005
In Re Hickox green colo · 2002 2 sentences 2005Hickox, 57 P.3d at 405-06 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994). 2003In each case, the length of the suspension depended on the seriousness of the assault and the aggravating and mitigating factors present. 57 P.3d at 405 , citing People v. Musick, 960 P.2d 89 (Colo.1998); People v. McGuire, 935 P.2d 22 (Colo.1997); People v. Nelson, 941 P.2d 922 (Colo.1997); People v. Reaves, 943 P.2d 460 (Colo.1997); People v. Shipman, 943 P.2d 458 (Colo.1997), and People v. Knight, 883 P.2d 1055 (Colo.1994).	2	2003–2005
People v. Smith green colo · 1989 1 sentence 2012Id. 118 Here, based on our quotation of the commentary to ABA Standard 2.6 in Lopez, the Hearing Board stated that it was "not free to depart" from the sanction ree-ommended by that quotation, apparently concluding that our quotation of that commentary amounted to an adoption of the comment as a binding rule.	1	2012–2012
People v. Roose green colo · 2002 2 sentences 2003Construing these standards and existing Colorado law to hold that "[the presumptive discipline for a knowing misstatement of material fact to a tribunal is disbarment," Id., and that "[k]nowing disobedience to a court order resulting in a serious injury to a client or serious interference with a legal proceeding also justifies the imposition of disbarment," Id. at 272 , the Board turned to consideration of the aggravating and mitigating factors enumerated in ABA Standards 9.22 and 9.32. 2003Construing these standards and existing Colorado law to hold that "[the presumptive discipline for a knowing misstatement of material fact to a tribunal is disbarment," Id., and that "[k]nowing disobedience to a court order resulting in a serious injury to a client or serious interference with a legal proceeding also justifies the imposition of disbarment," Id. at 272 , the Board turned to consideration of the aggravating and mitigating factors enumerated in ABA Standards 9.22 and 9.32.	1	2003–2003
People v. Dash green colo · 1991 1 sentence 1994See, e.g., People v. Honaker, 863 P.2d 337 (Colo.1993) (failure to perform services for client and pattern of neglect of client matters causing injury to client together with default in proceedings and evidence of prior discipline warrant three-year suspension); People v. Anderson, 817 P.2d 1035 (Colo.1991) (attorney’s misconduct in failing to respond to discovery requests, in leaving practice without properly withdrawing from cases or filing change of address, in failing to timely prepare a written judgment, and in failing to prevent dismissal of ease for failure to prosecute, was mitigated b	1	1994–1994
People v. Ashley green colo · 1990 1 sentence 1994See, e.g., People v. Honaker, 863 P.2d 337 (Colo.1993) (failure to perform services for client and pattern of neglect of client matters causing injury to client together with default in proceedings and evidence of prior discipline warrant three-year suspension); People v. Anderson, 817 P.2d 1035 (Colo.1991) (attorney’s misconduct in failing to respond to discovery requests, in leaving practice without properly withdrawing from cases or filing change of address, in failing to timely prepare a written judgment, and in failing to prevent dismissal of ease for failure to prosecute, was mitigated b	1	1994–1994
People v. Anderson green colo · 1991 1 sentence 1994See, e.g., People v. Honaker, 863 P.2d 337 (Colo.1993) (failure to perform services for client and pattern of neglect of client matters causing injury to client together with default in proceedings and evidence of prior discipline warrant three-year suspension); People v. Anderson, 817 P.2d 1035 (Colo.1991) (attorney’s misconduct in failing to respond to discovery requests, in leaving practice without properly withdrawing from cases or filing change of address, in failing to timely prepare a written judgment, and in failing to prevent dismissal of ease for failure to prosecute, was mitigated b	1	1994–1994
People v. Young green colo · 1991 2 sentences 1992We held that the statute fails to “assure a constitutionally certain and reliable verdict of death under the Colorado Constitution,” id. at 847 , but based this holding on a certain feature of the statute — the mandatory imposition of the death penalty when the aggravating and mitigating factors are equally balanced. 1992Id. at 845 .	1	1992–1992

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 16-11-103 (4) CO § Colo. Rev. Stat. § 18-3-204 (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

NJ 700 (1980–2026) OH 274 (1990–2026) IL 137 (1981–2026) CA 120 (1976–2026) FL 89 (1979–2025) LA 86 (1984–2019) IN 84 (1980–2026) NY 81 (1988–2026) AZ 48 (1978–2026) NC 46 (1981–2026) WA 45 (1984–2026) TN 26 (1993–2018) KS 19 (1993–2021) ME 18 (1994–2026) AK 18 (1982–2025) MD 15 (1983–2024) CO 13 (1990–2012) UT 12 (1994–2020) MS 11 (1993–2023) AL 10 (1994–2016) PA 10 (1998–2024) GA 9 (2014–2025) NV 9 (1990–2019) DE 7 (1985–2023) CT 6 (1994–2025) IA 6 (2010–2023) OR 6 (1992–2022) OK 5 (1994–2017) AR 4 (2009–2025) NH 4 (2010–2015) MT 3 (1993–1996) MN 3 (2007–2014) MI 3 (2000–2009) NE 3 (1993–2023) WY 2 (2003–2017) TX 2 (1996–2020) WI 2 (2020–2026) VT 2 (2019–2022)

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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