Martinez motion (Colorado) · Go Syfert
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Martinez motion in Colorado

8 Colorado opinions name it 2 courts 1989–2026 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 (10)

CaseFollowedCited
Outler v. Nortonred
coloctapp · 1997 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026The docket indicates that after the case was remanded, the postconviction court held a hearing, granted Martinez’s motion to enforce the plea agreement, and concluded that he had completed his sentence.2 The postconviction court’s ruling was final, and it affected only his sentence — not the underlying 1985 conviction. ¶ 20 To the extent that Martinez also argues that his 1985 conviction doesn’t qualify as a crime of violence, we disagree. ¶ 21 The relevant question under subsection (3.5)(a) is whether Martinez was previously convicted of an offense that “would have been a crime of violence as

11
Martinez v. Colorado State Board of Parolegreen
coloctapp · 1999 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004) (“A court may take judicial notice of the contents of court records in a related proceeding.”). 9 a crime of violence, not that the offender was convicted of a separate crime of violence count), overruled on other grounds by, Meredith v. Zavaras, 954 P.2d 597 (Colo. 1998); Martinez v. Colo. State Bd. of Parole, 989 P.2d 256, 257-58 (Colo. App. 1999) (same). ¶ 22 As relevant here, section 18-1.3-406(2)(a)(I)(A), (II)(F) defines a crime of violence to include an aggravated robbery where the offender “[u]sed, or possessed and threatened the u

11
Meredith v. Zavarasgreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004) (“A court may take judicial notice of the contents of court records in a related proceeding.”). 9 a crime of violence, not that the offender was convicted of a separate crime of violence count), overruled on other grounds by, Meredith v. Zavaras, 954 P.2d 597 (Colo. 1998); Martinez v. Colo. State Bd. of Parole, 989 P.2d 256, 257-58 (Colo. App. 1999) (same). ¶ 22 As relevant here, section 18-1.3-406(2)(a)(I)(A), (II)(F) defines a crime of violence to include an aggravated robbery where the offender “[u]sed, or possessed and threatened the u

11
People v. Sa'Ragreen
coloctapp · 2004 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004) (“A court may take judicial notice of the contents of court records in a related proceeding.”). 9 a crime of violence, not that the offender was convicted of a separate crime of violence count), overruled on other grounds by, Meredith v. Zavaras, 954 P.2d 597 (Colo. 1998); Martinez v. Colo. State Bd. of Parole, 989 P.2d 256, 257-58 (Colo. App. 1999) (same). ¶ 22 As relevant here, section 18-1.3-406(2)(a)(I)(A), (II)(F) defines a crime of violence to include an aggravated robbery where the offender “[u]sed, or possessed and threatened the u

11
People v. Stewartgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020Standard of Review ¶ 25 We review for an abuse of discretion a trial court’s evidentiary rulings, People v. Stewart, 55 P.3d 107, 122 (Colo. 2002), as well as its denial of a motion for mistrial, People v. Santana, 255 P.3d 1126, 1130 (Colo. 2011).

11
Hagos v. Peoplegreen
colo · 2012 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See Hagos, ¶ 14, 288 P.3d at 120 .

11
People v. Santanagreen
colo · 2011 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020Standard of Review ¶ 25 We review for an abuse of discretion a trial court’s evidentiary rulings, People v. Stewart, 55 P.3d 107, 122 (Colo. 2002), as well as its denial of a motion for mistrial, People v. Santana, 255 P.3d 1126, 1130 (Colo. 2011).

11
People Ex Rel. J.R.T. v. Martinezgreen
· 2003 · cited in 1 Colorado opinions naming this issue, 2018–2018
2 sentences

2018See 70 P.3d at 480 .

2018See 70 P.3d at 480 .

11
Trinity Broadcasting of Denver, Inc. v. City of Westminstergreen
colo · 1993 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016See Trinity Broad. of Denver v. City of Westminster, 848 P.2d 916, 924-25 (Colo.1998); Finnie v. Jefferson Cty.

11
City of Lakewood v. Bracegreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014As a result, Officer Martinez’s motion was not properly brought under C.R.C.P. 12(b)(1). ¶ 13 In his reply brief, Officer Martinez concedes that generally a determination of immunity based on alleged willful and wanton conduct must be decided at trial, but asserts that Brace “provides an important exception.” The claimed exception would “allow[ ] an interlocutory appeal where there are no disputed 'issues of fact material to the allegation of the public employee’s willful and wanton conduct.” Brace , however, does not say that. ¶ 14, Officer Martinez points to language in Brace that a determin

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 (3)

CaseCitedYears
Garner v. People green
colo · 2019
2 sentences

2024Garner v. People, 2019 CO 19, ¶ 5 . ¶ 24 Accordingly, we conclude that the trial court did not err by not applying the Martinez factors when considering Horton’s motion for judgment of acquittal.

2024Garner v. People, 2019 CO 19, ¶ 5 . ¶ 24 Accordingly, we conclude that the trial court did not err by not applying the Martinez factors when considering Horton’s motion for judgment of acquittal.

12024–2024
DeBELLA v. People green
colo · 2010
2 sentences

2017Nor do we perceive a material risk to the fairness of Martinez’s trial. ¶30 First, although inconsistencies between a victim’s recorded statement and his or her account at trial are “almost always present” in cases involving charges of sexual assault on a child, DeBella, 233 P.3d at 669 , Martinez’s defense did not rely to any significant extent on such inconsistencies to challenge the victims’ credibility in the present case.

2017Nor do we perceive a material risk to the fairness of Martinez’s trial. ¶30 First, although inconsistencies between a victim’s recorded statement and his or her account at trial are “almost always present” in cases involving charges of sexual assault on a child, DeBella, 233 P.3d at 669 , Martinez’s defense did not rely to any significant extent on such inconsistencies to challenge the victims’ credibility in the present case.

12017–2017
United States v. Frank Martinez green
ca9 · 1988
2 sentences

1989Id. at 865 .

1989Id. at 865 .

11989–1989

Where else courts name it

TX 94 (1939–2026) CA 51 (1982–2026) NM 16 (1977–2025) FL 12 (1981–2024) ID 10 (1992–2026) AZ 9 (1996–2019) UT 9 (2002–2023) OH 9 (2004–2022) IL 9 (1979–2025) CO 8 (1989–2026) PA 8 (2013–2026) NE 7 (2000–2022) WA 6 (1994–2026) NY 6 (1988–2022) GA 5 (2002–2023) MI 5 (1996–2021) NJ 4 (1990–2021) MA 4 (1994–2024) IA 3 (2018–2026) MD 3 (1984–2013) DE 2 (2021–2023) CT 2 (1995–2003) KS 2 (1986–2021) MN 2 (2012–2015) MS 2 (1992–1997) LA 2 (2006–2016) WY 2 (2007–2018)

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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