mere fact hearing (Colorado) · Go Syfert
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mere fact hearing in Colorado

8 Colorado opinions name it 2 courts 1975–2024 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.

Followed or applied (5)

CaseFollowedCited
Soon Yee Scott v. City of Englewoodgreen
coloctapp · 1983 · cited in 2 Colorado opinions naming this issue, 1987–1987
2 sentences

1987See Soon Yee Scott v. City of Englewood, 672 P.2d 225 (Colo.App.1983) (there is a presumption of integrity, honesty and impartiality in favor of those serving in quasi-judicial capacities) (citing Withrow v. Larkin, 421 U.S. 35 , 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975)).

1987See Soon Yee Scott v. City of Englewood, 672 P.2d 225 (Colo.App.1983) (there is a presumption of integrity, honesty and impartiality in favor of those serving in quasi-judicial capacities) (citing Withrow v. Larkin, 421 U.S. 35 , 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975)).

22
Withrow v. Larkingreen
scotus · 1975 · cited in 2 Colorado opinions naming this issue, 1987–1987
2 sentences

1987See Soon Yee Scott v. City of Englewood, 672 P.2d 225 (Colo.App.1983) (there is a presumption of integrity, honesty and impartiality in favor of those serving in quasi-judicial capacities) (citing Withrow v. Larkin, 421 U.S. 35 , 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975)).

1987See Soon Yee Scott v. City of Englewood, 672 P.2d 225 (Colo.App.1983) (there is a presumption of integrity, honesty and impartiality in favor of those serving in quasi-judicial capacities) (citing Withrow v. Larkin, 421 U.S. 35 , 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975)).

22
Riboni v. DIST. CT. IN & FOR TENTH JUD. DIST.green
colo · 1978 · cited in 1 Colorado opinions naming this issue, 2017–2017
2 sentences

2017Court, 196 Colo. 272 , 586 P.2d 9, 11 (1978) (“The mere fact that the defense intends to call the prosecutor as a witness does not, without more, dispose of the [disqualification] question.”). ¶20 We have deemed proposed testimony to be of sufficient consequence when, for example, two attorneys from the same district attorney’s office had been endorsed as witnesses, one by the prosecution and the other by the defense, to testify to issues bearing directly on the accused’s guilt or innocence.

2017Court, 196 Colo. 272 , 586 P.2d 9, 11 (1978) (“The mere fact that the defense intends to call the prosecutor as a witness does not, without more, dispose of the [disqualification] question.”). ¶20 We have deemed proposed testimony to be of sufficient consequence when, for example, two attorneys from the same district attorney’s office had been endorsed as witnesses, one by the prosecution and the other by the defense, to testify to issues bearing directly on the accused’s guilt or innocence.

11
Bilawsky v. Faseehudingreen
coloctapp · 1995 · cited in 1 Colorado opinions naming this issue, 1998–1998
1 sentence

1998See Bilawsky v. Faseehudin, 916 P.2d 586 (Colo.App.1995).

11
Weaver Construction Co. v. District Courtgreen
colo · 1976 · cited in 1 Colorado opinions naming this issue, 1977–1977
2 sentences

1977See Weaver Construction Co. v. District Court, 190 Colo. 227 , 545 P.2d 1042 (1976); cf., Denver & Rio Grande W.R.R. v. District Court, 141 Colo. 208 , 347 P.2d 495 (1959).

1977See Weaver Construction Co. v. District Court, 190 Colo. 227 , 545 P.2d 1042 (1976); cf., Denver & Rio Grande W.R.R. v. District Court, 141 Colo. 208 , 347 P.2d 495 (1959).

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 (5)

CaseCitedYears
Washington v. Atherton green
coloctapp · 2000
1 sentence

2024See A.P., ¶ 32; Bocian, ¶ 23; Washington, 6 P.3d at 347 . ¶ 34 Therefore, we reject Brooks’s bias claim.

12024–2024
Colorado Department of Transportation v. Brown Group Retail, Inc. green
colo · 2008
2 sentences

2010The supreme court has made clear that "[the nature of the relief requested is not disposi-tive of coverage by the Act, and the mere fact that a claim for relief seeks a declaration of liability resulting from tortious conduct rather than actual damages for the tortious conduct itself has no impact with regard to coverage." Brown Group, 182 P.3d at 692 .

2010The supreme court has made clear that "[t]he nature of the relief requested is not dispositive of coverage by the Act, and the mere fact that a claim for relief seeks a declaration of liability resulting from tortious conduct rather than actual damages for the tortious conduct itself has no impact with regard to coverage." Brown Group, 182 P.3d at 692 .

12010–2010
Denver & Rio Grande Western Railroad v. District Court neutral
colo · 1959
2 sentences

1977See Weaver Construction Co. v. District Court, 190 Colo. 227 , 545 P.2d 1042 (1976); cf., Denver & Rio Grande W.R.R. v. District Court, 141 Colo. 208 , 347 P.2d 495 (1959).

1977See Weaver Construction Co. v. District Court, 190 Colo. 227 , 545 P.2d 1042 (1976); cf., Denver & Rio Grande W.R.R. v. District Court, 141 Colo. 208 , 347 P.2d 495 (1959).

11977–1977
Baker Metropolitan Water & Sanitation District v. Baca green
colo · 1958
1 sentence

1975Baker Metropolitan Water & Sanitation District v. Baca, 138 Colo. 239 , 331 P.2d 511 .

11975–1975
BAKER METROPOLITAN WATER & SAN. DIST. v. Baca green
colo · 1958
1 sentence

1975Baker Metropolitan Water & Sanitation District v. Baca, 138 Colo. 239 , 331 P.2d 511 .

11975–1975

Where else courts name it

CA 39 (1895–2025) TX 36 (1928–2026) NY 33 (1879–2022) IN 27 (1896–2023) MS 23 (1888–2015) IL 21 (1900–2025) FL 16 (1986–2004) MI 15 (1980–2020) MO 12 (1893–2016) PA 12 (1918–2019) NJ 11 (1951–2021) NM 9 (1968–2022) CO 8 (1975–2024) WA 7 (1937–2023) AZ 6 (1922–2013) ID 6 (1954–2021) TN 6 (1907–2012) OH 6 (1901–2019) KS 5 (1897–2022) GA 5 (1901–2005) OR 5 (1953–1998) SD 4 (1958–1987) OK 4 (1934–1997) IA 4 (1927–1942) VT 3 (1985–1991) AL 3 (1934–1991) UT 3 (1954–1994) MT 3 (2020–2023) DC 3 (1987–2010) LA 3 (2010–2024) KY 3 (1931–2026) NC 2 (2022–2022) VA 2 (2003–2016) WV 2 (2006–2011) MN 2 (1999–2016) ME 2 (1978–1996) WI 2 (1923–2004) CT 2 (1935–2003)

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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