Fourteenth Amendment challenge (Colorado) · Go Syfert
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Fourteenth Amendment challenge in Colorado

9 Colorado opinions name it 2 courts 1975–2025 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)

CaseFollowedCited
People v. MacRandergreen
colo · 1988 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025“The basis for enforcing promises the prosecution makes to a 21 defendant is found in the due process clause of the fourteenth amendment and its requirement that an accused ‘be treated with “fairness” throughout the [criminal] process.’” People v. Macrander, 756 P.2d 356, 359 (Colo. 1988) (citation omitted) (alteration in original).

11
People v. Romerogreen
colo · 1987 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025The first factor to consider “in ascertaining the existence and extent of a defendant’s right to enforcement of a governmental promise [is]: whether a promise was made to the defendant by a governmental official with apparent authority to bind the government.” People v. Romero, 745 P.2d 1003, 1010 (Colo. 1987). ¶ 44 Here the government made no promises to D.M. in exchange for D.M. waiving his speedy trial rights.

11
Americans United For Separation Of Church And State v. The School District Of The City Of Grand Rapidsgreen
ca6 · 1988 · cited in 1 Colorado opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

11
Solomon v. City of Gainesvillegreen
ca11 · 1986 · cited in 1 Colorado opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

11
International Society for Krishna Consciousness, Inc. v. Colorado State Fair & Industrial Exposition Commissiongreen
colo · 1983 · cited in 1 Colorado opinions naming this issue, 2011–2011
2 sentences

2011Exposition Comm'n, 673 P.2d 368, 374 (Colo.1983) ("For the purpose of recouping attorney's fees under section 1988, express reference to conduct as violative of section 1983 is not required; section 1988 is applicable to any action for which section 1983 provides a remedy.

2011Exposition Comm'n, 673 P.2d 368, 374 (Colo.1983) ("For the purpose of recouping attorney's fees under section 1988, express reference to conduct as violative of section 1983 is not required; section 1988 is applicable to any action for which section 1983 provides a remedy.

11
Estate of Patricia E. Gilmore, Joseph P. Gilmore v. John J. Buckleygreen
ca1 · 1986 · cited in 1 Colorado opinions naming this issue, 1992–1992
1 sentence

1992See Estate of Gilmore v. Buckley, 787 F.2d 714 (1st Cir.1986) (where individual found guilty of threatening victim was furloughed and then killed her, allegations by plaintiff of failure to provide safeguards did not make out a violation of the Fourteenth Amendment and a claim under § 1983).

11
People v. Fishergreen
colo · 1983 · cited in 1 Colorado opinions naming this issue, 1988–1988
1 sentence

1988The basis for enforcing promises the prosecution makes to a defendant is found in the due process clause of the fourteenth amendment and its requirement that an accused “be treated with ‘fairness’ throughout the [criminal] process....” People v. Fisher, 657 P.2d 922, 927 (Colo.1983), quoting Cooper v. United States, 594 F.2d 12, 16 (4th Cir.1979); Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495, 498 , 30 L.Ed.2d 427 (1979).

11
Ralph Henry Cooper v. United Statesgreen
ca4 · 1979 · cited in 1 Colorado opinions naming this issue, 1988–1988
1 sentence

1988The basis for enforcing promises the prosecution makes to a defendant is found in the due process clause of the fourteenth amendment and its requirement that an accused “be treated with ‘fairness’ throughout the [criminal] process....” People v. Fisher, 657 P.2d 922, 927 (Colo.1983), quoting Cooper v. United States, 594 F.2d 12, 16 (4th Cir.1979); Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495, 498 , 30 L.Ed.2d 427 (1979).

11
Colorado Auto & Truck Wreckers Ass'n v. Department of Revenuegreen
colo · 1980 · cited in 1 Colorado opinions naming this issue, 1981–1981
2 sentences

1981See Colorado Auto and Truck Wreckers Association v. Department of Revenue, Colo., 618 P.2d 646 (1980).

1981See Colorado Auto and Truck Wreckers Association v. Department of Revenue, Colo., 618 P.2d 646 (1980).

11
Roger Dileo v. Richard Greenfieldgreen
ca2 · 1976 · cited in 1 Colorado opinions naming this issue, 1981–1981
2 sentences

1981Moreover, Ricci, unlike the appellant in Weissman v. Board of Education, supra, concedes that we need not address the Fourteenth Amendment challenge to the cited provision of section 22-63-116 if we sustain the Board’s order of dismissal on the alternative statutory ground of “immorality indicating unfitness to teach.” 10 Because we have already held that the Board properly dismissed Ricci for conduct constituting “immorality indicating unfitness to teach,” we do not reach the question whether, in the context of this case, Weissman v. Board of Education, supra; see DeLeo v. Greenfield, 541 F.2

1981Moreover, Ricci, unlike the appellant in Weissman v. Board of Education, supra, concedes that we need not address the Fourteenth Amendment challenge to the cited provision of section 22-63-116 if we sustain the Board’s order of dismissal on the alternative statutory ground of “immorality indicating unfitness to teach.” 10 Because we have already held that the Board properly dismissed Ricci for conduct constituting “immorality indicating unfitness to teach,” we do not reach the question whether, in the context of this case, Weissman v. Board of Education, supra; see DeLeo v. Greenfield, 541 F.2

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 (7)

CaseCitedYears
People v. Chavez green
colo · 1981
1 sentence

1996People v. Chavez, supra. However, in circumstances such as here in which no fundamental right or suspect classification is at issue, the state need only show a rational relationship to a legitimate public interest in order to satisfy the equal protection clause.

11996–1996
Fields v. People green
colo · 1987
2 sentences

1993In Swain , the Court held that a necessary element of a prima facie showing of purposeful discrimination in the exercise of peremptory challenges by the State is a showing by the defendant of "the prosecutor’s systematic use of peremptory challenges against [members of the defendant’s race] over a period of time." Id. at 227 , 85 S.Ct. at 839 .

1993In Swain , the Court held that a necessary element of a prima facie showing of purposeful discrimination in the exercise of peremptory challenges by the State is a showing by the defendant of "the prosecutor’s systematic use of peremptory challenges against [members of the defendant’s race] over a period of time." Id. at 227 , 85 S.Ct. at 839 .

11993–1993
Swain v. Alabama red
scotus · 1965
2 sentences

1993In Swain , the Court held that a necessary element of a prima facie showing of purposeful discrimination in the exercise of peremptory challenges by the State is a showing by the defendant of "the prosecutor’s systematic use of peremptory challenges against [members of the defendant’s race] over a period of time." Id. at 227 , 85 S.Ct. at 839 .

1993In Swain , the Court held that a necessary element of a prima facie showing of purposeful discrimination in the exercise of peremptory challenges by the State is a showing by the defendant of "the prosecutor’s systematic use of peremptory challenges against [members of the defendant’s race] over a period of time." Id. at 227 , 85 S.Ct. at 839 .

11993–1993
Santobello v. New York green
scotus · 1971
2 sentences

1988The basis for enforcing promises the prosecution makes to a defendant is found in the due process clause of the fourteenth amendment and its requirement that an accused “be treated with ‘fairness’ throughout the [criminal] process....” People v. Fisher, 657 P.2d 922, 927 (Colo.1983), quoting Cooper v. United States, 594 F.2d 12, 16 (4th Cir.1979); Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495, 498 , 30 L.Ed.2d 427 (1979).

1988The basis for enforcing promises the prosecution makes to a defendant is found in the due process clause of the fourteenth amendment and its requirement that an accused “be treated with ‘fairness’ throughout the [criminal] process....” People v. Fisher, 657 P.2d 922, 927 (Colo.1983), quoting Cooper v. United States, 594 F.2d 12, 16 (4th Cir.1979); Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495, 498 , 30 L.Ed.2d 427 (1979).

11988–1988
American Federation of Labor v. Reilly green
colo · 1944
2 sentences

1981People v. Berger, 185 Colo. 85 , 521 P.2d 1244 (1974); American Federation of Labor v. Reilly, 113 Colo. 90 , 155 P.2d 145 (1944).

1981People v. Berger, 185 Colo. 85 , 521 P.2d 1244 (1974); American Federation of Labor v. Reilly, 113 Colo. 90 , 155 P.2d 145 (1944).

11981–1981
People v. Berger green
colo · 1974
2 sentences

1981People v. Berger, 185 Colo. 85 , 521 P.2d 1244 (1974); American Federation of Labor v. Reilly, 113 Colo. 90 , 155 P.2d 145 (1944).

1981People v. Berger, 185 Colo. 85 , 521 P.2d 1244 (1974); American Federation of Labor v. Reilly, 113 Colo. 90 , 155 P.2d 145 (1944).

11981–1981
Taylor v. Louisiana green
scotus · 1975
2 sentences

1975The district attorney maintains that Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975) stands for the proposition that a person may claim a Fourteenth Amendment violation because of sex discrimination even though that person has not been discriminated against on account of his sex.

1975The district attorney maintains that Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 (1975) stands for the proposition that a person may claim a Fourteenth Amendment violation because of sex discrimination even though that person has not been discriminated against on account of his sex.

11975–1975

Statutes the citing opinions construe

USC § 42u.s.c.1983 (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

CA 30 (1969–2026) TX 26 (1971–2026) WA 18 (1965–2023) PA 17 (1959–2026) NJ 17 (1977–2020) WI 16 (1938–2025) IN 16 (1979–2020) OH 15 (1956–2016) AL 13 (1951–2007) IL 12 (1973–2021) GA 12 (1968–2019) FL 11 (1976–2026) NY 11 (1926–2023) MD 11 (1973–2024) LA 11 (1991–2024) IA 10 (1979–2022) OR 10 (1954–2021) MI 9 (1975–2020) CO 9 (1975–2025) AZ 9 (1958–2018) MO 9 (1970–1996) UT 8 (1993–2024) MS 7 (1987–1999) KS 6 (1987–2022) HI 6 (1978–2025) NC 6 (1980–2023) AR 4 (1997–2004) NV 4 (1978–1999) ME 4 (1970–2025) OK 4 (1985–2019) DE 4 (1973–2015) VA 4 (1993–2023) MA 3 (1982–2025) KY 3 (1993–2004) MT 3 (1976–1995) NM 3 (1990–2005) WY 3 (1978–1994) DC 3 (1972–1975) TN 3 (1979–2013) RI 3 (1981–2000) ID 3 (1983–2020) SC 2 (1995–2004) MN 2 (2006–2011) WV 2 (1983–1985) CT 2 (2002–2007) NH 2 (1984–2007)

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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