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9 Colorado opinions name it 2 courts 1993–2024 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.
| Case | Followed | Cited |
|---|---|---|
Cantrell v. Camerongreen2 sentences2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . 2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . | 3 | 3 |
Corbetta v. Albertson's, Inc.green2 sentences2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . 2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . | 1 | 4 |
Williams v. District Court, Second Judicial District, City & County of Denvergreen2 sentences2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . 2011We have employed the Martinelli test in cases involving personnel files, Corbetta, 975 P.2d at 720-21 ; Martinelli, 199 Colo. at 174 , 612 P.2d at 1091 , computers, Cantrell, 195 P.3d at 661 , and sexual history, Williams, 866 P.2d at 912 . | 1 | 3 |
Stone v. State Farm Mutual Automobile Insurance Co.green2 sentences2010Co., 185 P.3d 150, 159 (Colo.2008) (in civil discovery, requiring compelling need before mandating disclosure of materials established as confidential by public policy); People v. Walker, 666 P.2d 113, 122 (Colo.1983) (in criminal discovery, applying Martinelli test); People v. Dist. 2008Stone, 185 P.3d at 157 (citing Corbetta, 975 P.2d at 720-21 ; Williams v. Dist. | 1 | 2 |
People v. SPYKSTRAgreen2 sentences2024People v. Spykstra , 234 P.3d 662, 669 (Colo. 2010) (footnote omitted) . ¶ 114 Additionally, when subpoenas are issued for materials protected by a “ privilege or a right to confidentiality . . . a balancing of interests ” is required and a “defendant must make a greater showing of need and, in fact, might not gain access to otherwise material information depending on the nature of the int erest against disclosure. ” Id. at 670 . 2024People v. Spykstra , 234 P.3d 662, 669 (Colo. 2010) (footnote omitted) . ¶ 114 Additionally, when subpoenas are issued for materials protected by a “ privilege or a right to confidentiality . . . a balancing of interests ” is required and a “defendant must make a greater showing of need and, in fact, might not gain access to otherwise material information depending on the nature of the int erest against disclosure. ” Id. at 670 . | 1 | 1 |
People v. Walkergreen1 sentence2010Co., 185 P.3d 150, 159 (Colo.2008) (in civil discovery, requiring compelling need before mandating disclosure of materials established as confidential by public policy); People v. Walker, 666 P.2d 113, 122 (Colo.1983) (in criminal discovery, applying Martinelli test); People v. Dist. | 1 | 1 |
People v. D.K.B.green2 sentences1993See People v. D.K.B., 843 P.2d 1326 (Colo.1993); Civil Service Comm’n v. Finder, 812 P.2d 645 (Colo.1991); Sargent Sch. 1993See People v. D.K.B., 843 P.2d 1326 (Colo.1993); Civil Service Comm’n v. Finder, 812 P.2d 645 (Colo.1991); Sargent Sch. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martinelli v. DIST. COURT IN & FOR CITY, ETC.
green
2 sentences2024Id. ¶ 113 Before a court engages in a Martinelli analysis, the defendant must demonstrate the following when a subpoena duces tecum is challenged : (1) A reasonable likelihood that the subpoenaed materials exist, by setting forth a specific factual basis; (2) That the materials are evidentiary and relevant; 54 (3) That the materials are not otherwise procurable reasonably in advance of trial by the exercise of due diligence; (4) That the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unr 2024Id. ¶ 113 Before a court engages in a Martinelli analysis, the defendant must demonstrate the following when a subpoena duces tecum is challenged : (1) A reasonable likelihood that the subpoenaed materials exist, by setting forth a specific factual basis; (2) That the materials are evidentiary and relevant; 54 (3) That the materials are not otherwise procurable reasonably in advance of trial by the exercise of due diligence; (4) That the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unr | 5 | 2008–2024 |
People v. District Court in & for the City & County of Denver
green
1 sentence2010Ct., 719 P.2d 722 , 727 & n. 3 (Colo.1986) (finding psychologist-client privilege absolute absent waiver, but also noting the defendant's failure to make a particularized factual showing). | 1 | 2010–2010 |
Civil Service Commission v. Pinder
green
2 sentences1993See People v. D.K.B., 843 P.2d 1326 (Colo.1993); Civil Service Comm’n v. Finder, 812 P.2d 645 (Colo.1991); Sargent Sch. 1993See People v. D.K.B., 843 P.2d 1326 (Colo.1993); Civil Service Comm’n v. Finder, 812 P.2d 645 (Colo.1991); Sargent Sch. | 1 | 1993–1993 |
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.