Clause bar (Colorado) · Go Syfert
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Clause bar in Colorado

8 Colorado opinions name it 2 courts 1991–2026 2 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 (6)

CaseFollowedCited
Crawford v. Washingtongreen
scotus · 2004 · cited in 3 Colorado opinions naming this issue, 2004–2012
2 sentences

2012See Rojas, 181 P.3d at 1219 ("[Wlhere the child testifies at trial, Crawford ... does not modify the analysis [under the Child Hearsay Statute] or warrant treating the issue as one implicating the defendant's confrontation rights."); People v. Whitman, 205 P.3d 371, 381 (Colo.App.2007)("Because the [child witnesses] were available and testified, the Sixth Amendment confrontation issue raised by Crawford does not apply here." (discussing the Child Hearsay Statute)); see also Crawford, 541 U.S. at 59 n. 9, 124 S.Ct. 1354 ("The Clause does not bar admission of a statement so long as the declarant

2012See Rojas, 181 P.3d at 1219 ("[Wlhere the child testifies at trial, Crawford ... does not modify the analysis [under the Child Hearsay Statute] or warrant treating the issue as one implicating the defendant's confrontation rights."); People v. Whitman, 205 P.3d 371, 381 (Colo.App.2007)("Because the [child witnesses] were available and testified, the Sixth Amendment confrontation issue raised by Crawford does not apply here." (discussing the Child Hearsay Statute)); see also Crawford, 541 U.S. at 59 n. 9, 124 S.Ct. 1354 ("The Clause does not bar admission of a statement so long as the declarant

23
People v. Argomaniz-Ramirezgreen
colo · 2004 · cited in 2 Colorado opinions naming this issue, 2007–2012
2 sentences

2012See Rojas, 181 P.3d at 1219 ("[Wlhere the child testifies at trial, Crawford ... does not modify the analysis [under the Child Hearsay Statute] or warrant treating the issue as one implicating the defendant's confrontation rights."); People v. Whitman, 205 P.3d 371, 381 (Colo.App.2007)("Because the [child witnesses] were available and testified, the Sixth Amendment confrontation issue raised by Crawford does not apply here." (discussing the Child Hearsay Statute)); see also Crawford, 541 U.S. at 59 n. 9, 124 S.Ct. 1354 ("The Clause does not bar admission of a statement so long as the declarant

2007The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it." (citations omitted)); People v. Argomaniz-Ramirez, 102 P.3d 1015, 1018 (Colo.2004)(" Crawford does not affect the analysis for admission of out-of-court statements where the declarant testifies at trial.").

22
People v. Whitmangreen
coloctapp · 2007 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See Rojas, 181 P.3d at 1219 ("[Wlhere the child testifies at trial, Crawford ... does not modify the analysis [under the Child Hearsay Statute] or warrant treating the issue as one implicating the defendant's confrontation rights."); People v. Whitman, 205 P.3d 371, 381 (Colo.App.2007)("Because the [child witnesses] were available and testified, the Sixth Amendment confrontation issue raised by Crawford does not apply here." (discussing the Child Hearsay Statute)); see also Crawford, 541 U.S. at 59 n. 9, 124 S.Ct. 1354 ("The Clause does not bar admission of a statement so long as the declarant

11
People v. Rojasgreen
coloctapp · 2008 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See Rojas, 181 P.3d at 1219 ("[Wlhere the child testifies at trial, Crawford ... does not modify the analysis [under the Child Hearsay Statute] or warrant treating the issue as one implicating the defendant's confrontation rights."); People v. Whitman, 205 P.3d 371, 381 (Colo.App.2007)("Because the [child witnesses] were available and testified, the Sixth Amendment confrontation issue raised by Crawford does not apply here." (discussing the Child Hearsay Statute)); see also Crawford, 541 U.S. at 59 n. 9, 124 S.Ct. 1354 ("The Clause does not bar admission of a statement so long as the declarant

11
People v. Arnoldgreen
coloctapp · 1991 · cited in 1 Colorado opinions naming this issue, 2005–2005
1 sentence

2005People v. Arnold, 826 P.2d 365, 366 (Colo.App.1991); see also Crawford v. Washington, 541 U.S. 36 , 59 n. 9, 124 S.Ct. 1354, 1369 , 158 L.Ed.2d 177 (2004) (“The Clause also does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted.”).

11
Thornberry v. Delta Air Linesgreen
ca9 · 1983 · cited in 1 Colorado opinions naming this issue, 1991–1991
2 sentences

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) ("The Court has taken `a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.'" (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) (“The Court has taken ‘a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.’ ” (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

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
Melendez-Diaz v. Massachusetts green
scotus · 2009
1 sentence

2026Thus, the attestation was prepared with the belief that the attached records “would be available for use at a later trial.” Perez, ¶ 13, 559 P.3d at 656 (quoting Melendez-Diaz, 557 U.S. at 310 ). ¶ 68 But Torres does not cite any case law or other legal authority holding that the admission of an attestation saying that the custodian of records’ search “revealed that this is the only subject with this name and date of birth” can result in a Confrontation 28 Clause violation.

12026–2026
State of Wyoming v. Livingston green
ca10 · 2006
1 sentence

2026“Modern Supremacy 28 Clause immunity doctrine has thus largely been developed in the lower federal courts.” Livingston, 443 F.3d at 1220 . ¶ 56 We note that the procedure usually followed in these cases did not occur here.

12026–2026
People v. Perez green
coloctapp · 2024
1 sentence

2026Thus, the attestation was prepared with the belief that the attached records “would be available for use at a later trial.” Perez, ¶ 13, 559 P.3d at 656 (quoting Melendez-Diaz, 557 U.S. at 310 ). ¶ 68 But Torres does not cite any case law or other legal authority holding that the admission of an attestation saying that the custodian of records’ search “revealed that this is the only subject with this name and date of birth” can result in a Confrontation 28 Clause violation.

12026–2026
Americans United for Separation of Church & State Fund, Inc. v. State green
colo · 1982
1 sentence

2015We first addressed the challengers' Establish ment Clause claim, noting that to withstand an Establishment Clause challenge, the program "must be one that neither advances nor inhibits religion." 648 P.2d at 1079 (citing Lemon v. Kurtzman, 403 U.S. 602, 614 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971)).

12015–2015
Lemon v. Kurtzman red
scotus · 1971
2 sentences

2015We first addressed the challengers' Establish ment Clause claim, noting that to withstand an Establishment Clause challenge, the program "must be one that neither advances nor inhibits religion." 648 P.2d at 1079 (citing Lemon v. Kurtzman, 403 U.S. 602, 614 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971)).

2015We first addressed the challengers' Establish ment Clause claim, noting that to withstand an Establishment Clause challenge, the program "must be one that neither advances nor inhibits religion." 648 P.2d at 1079 (citing Lemon v. Kurtzman, 403 U.S. 602, 614 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971)).

12015–2015
Gravel v. United States green
scotus · 1972
2 sentences

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) ("The Court has taken `a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.'" (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) ("The Court has taken `a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.'" (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

11991–1991
Alan McSurely and Margaret McSurely v. John J. McClellan green
cadc · 1976
2 sentences

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) ("The Court has taken `a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.'" (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

1991Id.; see also Miller v. Transamerican Press, Inc., 709 F.2d 524, 529 (9th Cir.1983); McSurely v. McClellan, 553 F.2d 1277 (D.C.Cir.1976) (“The Court has taken ‘a decidedly jaundiced view towards extending the Clause so as to privilege illegal or unconstitutional conduct beyond that essential to foreclose executive control of legislative speech or debate and associated matters such as voting and committee reports and proceedings.’ ” (quoting Gravel, 408 U.S. at 620 , 92 S.Ct. at 2624 )).

11991–1991

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-25-129 (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

OH 44 (1991–2026) TX 42 (1960–2025) IL 24 (1902–2019) NY 22 (1901–2015) CA 17 (1931–2024) MO 15 (1905–2025) GA 11 (2005–2026) NM 10 (2006–2022) MA 9 (1886–2016) WA 9 (1989–2019) CO 8 (1991–2026) IN 8 (1881–2020) MI 7 (1903–2022) PA 7 (1978–2016) OK 6 (1938–2015) NC 6 (1913–2013) TN 6 (2010–2016) LA 5 (1978–2010) NE 5 (1917–2006) WI 5 (1991–2026) KY 5 (1914–2013) AL 5 (1999–2015) OR 5 (1993–2021) IA 5 (1901–2019) HI 4 (2005–2010) KS 3 (1936–2016) ID 3 (2004–2019) MD 3 (1981–2005) UT 3 (2006–2022) VA 3 (1985–2015) FL 2 (2006–2016) MN 2 (2005–2008) MS 2 (1967–2016) DC 2 (2009–2009) SD 2 (2004–2005) NV 2 (2012–2012) NJ 2 (2007–2008) AR 2 (1962–2006)

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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