agent defense in Colorado

8 Colorado opinions name it 1 courts 1883–1994 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 (3)

Case	Followed	Cited
People v. Linesgreen cal · 1975 · cited in 2 Colorado opinions naming this issue, 1987–1987 2 sentences 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982). 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982).	2	2
State v. Schneidergreen minn · 1987 · cited in 2 Colorado opinions naming this issue, 1987–1987 2 sentences 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant's sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984). 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant’s sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984).	2	2
Miller v. DIST. CT., CITY & CTY. OF DENVERgreen colo · 1987 · cited in 3 Colorado opinions naming this issue, 1987–1994 2 sentences 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege). 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege).	1	3

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 (15)

Case	Cited	Years
State v. Pratt green md · 1979 2 sentences 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982). 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982).	2	1987–1987
State v. Craney green iowa · 1984 2 sentences 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant's sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984). 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant’s sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984).	2	1987–1987
Ballew v. State green texcrimapp · 1982 2 sentences 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982). 1987See, e.g., People v. Lines, 13 Cal.3d 500 , 119 Cal.Rptr. 225 , 531 P.2d 793 (1975); State v. Pratt, 284 Md. 516 , 398 A.2d 421 (1979); Ballew v. State, 640 S.W.2d 237 (Tex.Cr.App.1982).	2	1987–1987
Chemical Bank v. Arthur Andersen & Co. green scotus · 1984 2 sentences 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant's sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984). 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant’s sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984).	2	1987–1987
Arnett v. Parke green scotus · 1984 2 sentences 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant's sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984). 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant’s sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984).	2	1987–1987
Mayoral v. Jeffco American Baptist Residences, Inc. green scotus · 1984 2 sentences 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant's sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984). 1987See State v. Schneider, 402 N.W.2d 779 (Minn.1987) (defense-retained psychiatrist is neutral expert employed to make an independent determination as to the defendant’s sanity, and thus not an agent of the defense attorney); State v. Craney, 347 N.W.2d 668 (Iowa 1984) (defense-retained psychiatrist is a subcontractor, similar to a handwriting expert, not an agent, and may be called by either party), cert. denied, 469 U.S. 884 , 105 S.Ct. 255 , 83 L.Ed.2d 192 (1984).	2	1987–1987
National Mutual Fire Insurance v. Sprague green colo · 1907 2 sentences 1966In The National Mutual Fire Insurance Company v. Sprague, et al., 40 Colo. 344 , 92 Pac. 227 , we find the following: “* * * We are further of the opinion that if a waiver was relied upon, whether pleaded or not, there was sufficient evidence to sustain it and to show that Kelsey was such an agent that a waiver by him would bind the company. 1966In The National Mutual Fire Insurance Company v. Sprague, et al., 40 Colo. 344 , 92 Pac. 227 , we find the following: “* * * We are further of the opinion that if a waiver was relied upon, whether pleaded or not, there was sufficient evidence to sustain it and to show that Kelsey was such an agent that a waiver by him would bind the company.	2	1966–1966
Hutchinson v. People green colo · 1987 2 sentences 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege). 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege).	1	1994–1994
Julian v. United States green scotus · 1983 1 sentence 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol	1	1994–1994
Minick v. United States green scotus · 1983 1 sentence 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol	1	1994–1994
Safecard Services, Inc. v. Dow Jones & Co. green scotus · 1983 1 sentence 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol	1	1994–1994
Bellmann v. DISTRICT COURT IN & FOR CTY. OF ARAPAHOE green colo · 1975 2 sentences 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege). 1994Hutchinson v. People, 742 P.2d 875 (Colo.1987) (handwriting expert hired by defense covered by attorney-client privilege); Miller v. District, 737 P.2d 834 (Colo.1987) (psychiatrist hired by defense counsel is an agent of defense counsel and covered by the attorney-client privilege); Bellmann v. District Court, 187 Colo. 350 , 531 P.2d 632 (1975) (insurance investigator hired by insurance company defending client is covered by the attorney-client privilege).	1	1994–1994
State v. Bonds green wash · 1982 2 sentences 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol	1	1994–1994
State v. Pawlyk green wash · 1990 2 sentences 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol 1994Section 27-10-120 provides: Records.... (2)(a) Nothing in this article shall be construed as rendering privileged or confidential any information (except written medical records and information which is privileged under section 13-90-107, C.R.S.) concerning observed behavior which constitutes a criminal offense committed upon the premises of any facility providing services under this article or any criminal offense committed against any person while performing or receiving services under this article. (b) The provisions of subsection (1) of this section shall not apply to physicians or psychol	1	1994–1994
Stack v. City of East St. Louis neutral ill · 1877 1 sentence 1883Louis, 85 Ill. 377 , cited by counsel, might possibly be thought to recognize a right of recovery in a case like this, upon the doctrine of principal and agent.	1	1883–1883

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-90-107 (5) CO § Colo. Rev. Stat. § 16-11-309 (3) CO § Colo. Rev. Stat. § 16-8-103 (3) CO § Colo. Rev. Stat. § 16-8-103.5 (3) CO § Colo. Rev. Stat. § 16-8-106 (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

IL 15 (1882–2026) CA 11 (1956–2023) NY 10 (1823–2004) VA 9 (1876–2004) TX 8 (1909–2023) PA 8 (1937–2021) CO 8 (1883–1994) MI 8 (1950–2023) GA 7 (1884–2025) AL 5 (1926–2025) NC 5 (1953–2015) SC 5 (1926–2009) FL 5 (1930–2015) WY 5 (1995–2020) CT 4 (1939–2016) OH 4 (1871–2012) MO 4 (1904–1991) MA 4 (1960–2003) MN 4 (1906–1964) NJ 4 (1913–2012) KY 4 (1930–1951) KS 4 (1892–2014) WI 3 (1978–1998) OK 3 (1923–1933) LA 3 (1930–1979) AZ 2 (1945–2013) DE 2 (2016–2016) RI 2 (2006–2007) IA 2 (1899–1985) IN 2 (1909–1985) SD 2 (2019–2019) MS 2 (1986–1993) ND 2 (1917–1979) VT 2 (1972–1988)

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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