retroactivity analysis (Colorado) · Go Syfert
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retroactivity analysis in Colorado

11 Colorado opinions name it 2 courts 1982–2025 3 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)

CaseFollowedCited
People v. Hardingreen
colo · 1980 · cited in 2 Colorado opinions naming this issue, 1982–1984
2 sentences

1982In People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980), the Supreme Court adopted the retroactivity rule set out in Adams v. Illinois, 405 U.S. 278 , 92 S.Ct. 916 , 31 L.Ed.2d 202 (1973).

1982In People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980), the Supreme Court adopted the retroactivity rule set out in Adams v. Illinois, 405 U.S. 278 , 92 S.Ct. 916 , 31 L.Ed.2d 202 (1973).

12
Teague v. Lanegreen
scotus · 1989 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Cooper, 2023 COA 113 , ¶ 9 (holding the retroactivity analysis in Teague v. Lane, 489 U.S. 288, 109 (1989), on which the postconviction court relied, applies “only to new rules of criminal procedure involving constitutional rights”).

11
Shell Western E&P, Inc. v. Dolores County Board of Commissionersgreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012Bd. of Comm'rs, 948 P.2d 1002, 1012 (Colo.1997) (the second step in a retroactivity analysis is to determine "whether the statute, as applied, violates the constitutional prohibition").

11
Continental Title Co. v. District Court in & for the City & County of Denvergreen
colo · 1982 · cited in 1 Colorado opinions naming this issue, 2009–2009
2 sentences

2009Retroactivity analysis turns in part on whether any changes were "substantive" rather than "only procedural or remedial." See, e.g., Continental Title Co. v. District Court, 645 P.2d 1310, 1315 (Colo.1982); Saxe v. Bd. of Trustees, 179 P.3d 67, 74 (Colo.App.2007).

2009Retroactivity analysis turns in part on whether any changes were "substantive" rather than "only procedural or remedial." See, e.g., Continental Title Co. v. District Court, 645 P.2d 1310, 1315 (Colo. 1982); Saxe v. Bd. of Trustees, 179 P.3d 67, 74 (Colo.App.2007).

11
Saxe v. Board of Trusteesgreen
coloctapp · 2007 · cited in 1 Colorado opinions naming this issue, 2009–2009
2 sentences

2009Retroactivity analysis turns in part on whether any changes were "substantive" rather than "only procedural or remedial." See, e.g., Continental Title Co. v. District Court, 645 P.2d 1310, 1315 (Colo.1982); Saxe v. Bd. of Trustees, 179 P.3d 67, 74 (Colo.App.2007).

2009Retroactivity analysis turns in part on whether any changes were "substantive" rather than "only procedural or remedial." See, e.g., Continental Title Co. v. District Court, 645 P.2d 1310, 1315 (Colo. 1982); Saxe v. Bd. of Trustees, 179 P.3d 67, 74 (Colo.App.2007).

11
People v. Walkergreen
colo · 1983 · cited in 1 Colorado opinions naming this issue, 1984–1984
2 sentences

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo.1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.” 10 In United States v. Johnson, 457 U.S. 587 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned this thr

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo. 1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers "(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the *216 effect on the administration of justice of a retroactive application of the new standards." [10] In United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned

11
Williams v. United Statesgreen
scotus · 1971 · cited in 1 Colorado opinions naming this issue, 1982–1982
2 sentences

1982This rule gives retroactive effect to the new rule where the “major purpose in new Constitutional doctrine is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials . ... ” Williams v. United States, 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 (1971).

1982This rule gives retroactive effect to the new rule where the “major purpose in new Constitutional doctrine is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials . ... ” Williams v. United States, 401 U.S. 646, 653 , 91 S.Ct. 1148, 1152 , 28 L.Ed.2d 388, 395 (1971).

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 (10)

CaseCitedYears
Reynoldsville Casket Co. v. Hyde green
scotus · 1995
2 sentences

2021Reynoldsville Casket , 514 U.S. at 759 , 115 S.Ct. 1745 . 5 Post- Obergefell , same-sex couples must be allowed to enter into the lawful relationship of marriage.

2021Reynoldsville Casket, 514 U.S. at 759 . 10 after-the-fact surprise cannot be brushed aside.

22021–2021
Beasley v. Best Car Buys, LTD green
coloctapp · 2015
2 sentences

2016Thus, were the retroactivity inquiry confined to the date of the testator’s death under section 15-17-101(2)(a), and if the testator’s death predated the amendment, whether the amendment represented a rule of construction would be irrelevant because the date of death would always control. ¶ 26 But an appellate court must interpret statutes to “avoid rendering any part superfluous.” Roalstad v. City of Lafayette , 2015 COA 146 , ¶ 42.

2016Thus, were the retroactivity inquiry confined to the date of the testator's death under section 15-17-101(2)(a), and if the testator's death predated the amendment, whether the amendment represented a rule of construction would be irrelevant because the date of death would always control. ¶ 26 But an appellate court must interpret statutes to "avoid rendering any part superfluous." Roalstad v. City of Lafayette, 2015 COA 146 , ¶ 42, 363 P.3d 790 .

22016–2016
Union Pacific Railroad v. Martin green
colo · 2009
1 sentence

2020R.R. v. Martin, 209 P.3d 185 , 188–89 (Colo. 2009) (distinguishing legislative clarification from law change in the context of a retroactivity analysis); City of Colorado Springs v. Powell, 156 P.3d 461 , 464–65 (Colo. 2007) (same).

12020–2020
City of Colorado Springs v. Powell green
colo · 2007
1 sentence

2020R.R. v. Martin, 209 P.3d 185 , 188–89 (Colo. 2009) (distinguishing legislative clarification from law change in the context of a retroactivity analysis); City of Colorado Springs v. Powell, 156 P.3d 461 , 464–65 (Colo. 2007) (same).

12020–2020
Roalstad v. City of Lafayette, Colorado green
coloctapp · 2015
1 sentence

2016Thus, were the retroactivity inquiry confined to the date of the testator's death under section 15-17-101(2)(a), and if the testator's death predated the amendment, whether the amendment represented a rule of construction would be irrelevant because the date of death would always control. ¶ 26 But an appellate court must interpret statutes to "avoid rendering any part superfluous." Roalstad v. City of Lafayette, 2015 COA 146 , ¶ 42, 363 P.3d 790 .

12016–2016
Stovall v. Denno green
scotus · 1967
2 sentences

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo.1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.” 10 In United States v. Johnson, 457 U.S. 587 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned this thr

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo.1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.” 10 In United States v. Johnson, 457 U.S. 587 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned this thr

11984–1984
People v. Moreno green
colo · 1971
2 sentences

1984See, e.g., People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980); People v. Moreno, 176 Colo. 488 , 491 P.2d 575 (1971).

1984See, e.g., People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980); People v. Moreno, 176 Colo. 488 , 491 P.2d 575 (1971).

11984–1984
United States v. Johnson red
scotus · 1982
2 sentences

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo.1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.” 10 In United States v. Johnson, 457 U.S. 587 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned this thr

1984Most recently, in People v. Walker, 666 P.2d 113, 117 (Colo.1983), we adopted the retroactivity analysis set forth in Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967), which considers “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.” 10 In United States v. Johnson, 457 U.S. 587 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982), however, the United States Supreme Court abandoned this thr

11984–1984
People v. Tafoya yellow
coloctapp · 1982
1 sentence

1983In People v. Tafoya, 654 P.2d 1342 (Colo.App.1982), the Colorado Court of Appeals applied the retroactivity rule announced in Adams v. Illinois, supra, to the decision in Chavez I.

11983–1983
Adams v. Illinois green
scotus · 1972
2 sentences

1982In People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980), the Supreme Court adopted the retroactivity rule set out in Adams v. Illinois, 405 U.S. 278 , 92 S.Ct. 916 , 31 L.Ed.2d 202 (1973).

1982In People v. Hardin, 199 Colo. 229 , 607 P.2d 1291 (1980), the Supreme Court adopted the retroactivity rule set out in Adams v. Illinois, 405 U.S. 278 , 92 S.Ct. 916 , 31 L.Ed.2d 202 (1973).

11982–1982

Where else courts name it

CA 92 (1967–2026) IL 88 (1991–2024) OH 80 (1996–2024) NJ 54 (1978–2026) TX 44 (1979–2026) FL 43 (1996–2025) WA 38 (1983–2023) NY 37 (1990–2026) MI 34 (1976–2025) PA 34 (1976–2025) MD 23 (1979–2025) IN 18 (1980–2008) OR 16 (1967–2023) ID 15 (1980–2023) AZ 15 (1984–2019) MT 13 (2001–2025) CT 13 (1985–2023) MA 12 (1980–2026) CO 11 (1982–2025) TN 11 (1990–2025) WI 11 (1975–2014) MN 10 (2006–2025) KS 9 (2001–2022) NV 9 (1982–2021) NM 8 (1994–2024) NC 8 (1971–2025) WV 7 (1977–2010) DC 7 (1983–2018) IA 6 (1993–2020) LA 5 (1987–2020) VT 5 (2007–2018) MO 4 (2011–2019) DE 4 (1990–2026) ME 4 (1983–2025) HI 4 (2000–2015) RI 3 (1985–2016) AK 3 (2006–2022) MS 3 (1987–2015) UT 3 (1983–2020) WY 2 (2014–2014) SC 2 (1986–1989) OK 2 (2010–2021) GA 2 (1987–1995) NE 2 (2014–2018) NH 2 (2007–2014) VA 2 (2017–2021)

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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