nonexclusive factors (Colorado) · Go Syfert
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nonexclusive factors in Colorado

8 Colorado opinions name it 1 courts 2015–2025 5 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 (2)

CaseFollowedCited
People v. Clinegreen
colo · 2019 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See id. at ¶ 20 (concluding that public questioning next to a four- 5 lane street — even though at night — was neutral); see also People v. Cline, 2019 CO 33, ¶¶ 21-22 (noting that an interaction in a parking area “in broad daylight” weighed against custody). ¶ 17 Officer Toelle and one other officer initially contacted Martinez.

11
SEC. & Exch. Comm'n v. Arcturus Corp.green
ca5 · 2019 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See Arcturus, 928 F.3d at 419 ; Koch, 928 F.2d at 1479 ; Deutsch Energy Co., 813 F.2d at 1570 ; Youmans, 791 F.2d at 347 . (2) What kind of prior business experience do the partners have, not just as investors but as businesspeople (such as by holding executive positions in organizations)?

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 (10)

CaseCitedYears
Edith Libutti, Doing Business as Lion Crest Stable, a Sole Proprietorship v. United States green
ca2 · 1997
2 sentences

2015Ultimately, the overarching concern should be “whether the adverse inference is trustworthy under all of the circumstances and will advance the search for the truth.” LiButti , 107 F.3d at 124 . ¶36       And when evidence of a nonparty witness’s invocation is properly admitted, “the jury need only be instructed that they are permitted, but not required, to draw an inference adverse to a party from a witness’s invocation of the privilege against self-incrimination, and that they should not draw such an inference if they find that the witness invoked the privilege for reasons

2015We are informed in our analysis by the nonexclusive factors set forth by the Second Circuit -in Ultimately, the overarching concern should be "whether the adverse inference is trustworthy under all of the cireurastances and will advance the search for the truth." LiBuilti, 107 F.3d at 124 . -T 86 And when evidence of a nonparty witness's invocation is properly admitted, "the jury need only be instructed that they are permitted, but not required, to draw an inference adverse to a party from a witness's invocation of the privilege against selfin-crimination, and that they should not draw such an

22015–2015
University of Denver v. Whitlock green
colo · 1987
1 sentence

2025Id. at 57 . ¶ 54 Accepting as true the neighbors’ allegations, viewing them in the light most favorable to the neighbors, and drawing all inferences in the neighbors’ favor, we conclude that the neighbors have plausibly alleged that (1) the Hazlets and the neighbors were adjoining property owners; (2) the Hazlets owned and operated a 26 shooting range on their land for an extended period of time; (3) the portion of the Hazlets’ property that had been used as a shooting range was in operation on the date of the fire; (4) on the date of the fire, the Hazlets allowed and authorized several indivi

12025–2025
In re L.L green
· 2017
1 sentence

2025Id. ¶ 30 We review de novo a trial court’s interpretation and application of a rule of civil procedure.

12025–2025
People v. Zadran green
colo · 2013
1 sentence

2022People v. Zadran, 2013 CO 69M, ¶ 11 . 6 ¶ 12 We disagree with Sellers that his waiver was invalid because he was encouraged to speak before being read his Miranda rights.

12022–2022
People v. Cowart green
colo · 2010
1 sentence

2022But, for me, this case is closer to the not-in- custody end of the spectrum than the in-custody end. ¶ 81 After considering the nonexclusive factors, looking objectively at the totality of the circumstances, see Cowart, 244 P.3d at 1203 , and recognizing that none of the nonexclusive factors alone is determinative, see Barraza, ¶ 17, I conclude that a reasonable person in defendant’s position would not have believed that he or she was in police custody of the degree associated with formal arrest, see Polander, 41 P.3d at 705 . ¶ 82 When looking at the factors indicating that defendant was not

12022–2022
People v. Polander green
colo · 2001
1 sentence

2022But, for me, this case is closer to the not-in- custody end of the spectrum than the in-custody end. ¶ 81 After considering the nonexclusive factors, looking objectively at the totality of the circumstances, see Cowart, 244 P.3d at 1203 , and recognizing that none of the nonexclusive factors alone is determinative, see Barraza, ¶ 17, I conclude that a reasonable person in defendant’s position would not have believed that he or she was in police custody of the degree associated with formal arrest, see Polander, 41 P.3d at 705 . ¶ 82 When looking at the factors indicating that defendant was not

12022–2022
C. Roger Youmans, Jr., M.D., and Leonard B. Tatar, Trustee, Plaintiffs v. Nick Simon and Bidco, Inc. green
ca5 · 1986
1 sentence

2020See Arcturus, 928 F.3d at 419 ; Koch, 928 F.2d at 1479 ; Deutsch Energy Co., 813 F.2d at 1570 ; Youmans, 791 F.2d at 347 . (2) What kind of prior business experience do the partners have, not just as investors but as businesspeople (such as by holding executive positions in organizations)?

12020–2020
Deutsch Energy Co. v. Sherman Mazur Richard Wall Jerome Weiner New Century Energy Corp. New Century Oil & Gas Supply Corp. Jack Ralston green
ca9 · 1987
1 sentence

2020See Arcturus, 928 F.3d at 419 ; Koch, 928 F.2d at 1479 ; Deutsch Energy Co., 813 F.2d at 1570 ; Youmans, 791 F.2d at 347 . (2) What kind of prior business experience do the partners have, not just as investors but as businesspeople (such as by holding executive positions in organizations)?

12020–2020
Koch v. Hankins green
ca9 · 1991
1 sentence

2020See Arcturus, 928 F.3d at 419 ; Koch, 928 F.2d at 1479 ; Deutsch Energy Co., 813 F.2d at 1570 ; Youmans, 791 F.2d at 347 . (2) What kind of prior business experience do the partners have, not just as investors but as businesspeople (such as by holding executive positions in organizations)?

12020–2020
Lentz v. Metropolitan Property & Casualty Insurance green
mass · 2002
1 sentence

2015Ultimately, the overarching concern should be “whether the adverse inference is trustworthy under all of the circumstances and will advance the search for the truth.” LiButti , 107 F.3d at 124 . ¶36       And when evidence of a nonparty witness’s invocation is properly admitted, “the jury need only be instructed that they are permitted, but not required, to draw an inference adverse to a party from a witness’s invocation of the privilege against self-incrimination, and that they should not draw such an inference if they find that the witness invoked the privilege for reasons

12015–2015

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-51-1105 (5)

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

TX 464 (1986–2026) WA 51 (1986–2025) KS 26 (2005–2026) OR 26 (1998–2026) MI 24 (1987–2025) IA 17 (1996–2026) TN 16 (2005–2026) CA 15 (1998–2026) IL 11 (2004–2024) ND 10 (2001–2016) LA 10 (1989–2017) CO 8 (2015–2025) MO 8 (2007–2024) UT 7 (2005–2017) MA 6 (2009–2025) VT 4 (2000–2026) MN 4 (2003–2010) WI 3 (2002–2026) MT 3 (1994–2014) PA 3 (2017–2023) CT 3 (2015–2022) NC 2 (2001–2003) NE 2 (2018–2023) IN 2 (2002–2018) SD 2 (1999–2018)

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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