performance violation (Colorado) · Go Syfert
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performance violation in Colorado

8 Colorado opinions name it 2 courts 1940–2025 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 (5)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Colorado opinions naming this issue, 2016–2025
2 sentences

2025The performance inquiry “must be whether counsel’s assistance was reasonable considering all the circumstances,” and “[j]udicial scrutiny of counsel’s performance must be highly deferential.” Id. at 688-89 . ¶ 30 Counsel’s actions are usually based, quite properly, on informed strategic choices made by the defendant and on 19 information supplied by the defendant.

2016Rather, Corson alleges the government’s failure to disclose K.B.’s false-reporting adjudication created the performance violation by interfering with plea counsel’s ability “to make independent decisions about how to conduct the defense,” Strickland, 466 U.S. at 686.

23
People v. Garciagreen
colo · 1991 · cited in 2 Colorado opinions naming this issue, 2016–2016
2 sentences

2016See People v. Garcia, 815 P.2d 937, 941 (Colo.1991) ("In resolving an ineffective-assistance claim, a court is not required to first determine whether counsel's performance was constitutionally deficient, for if the defendant fails to make an affirmative demonstration of prejudice, then the court may resolve the claim on that basis alone." (citing Strickland, 466 U.S. at 697 , 104 S.Ct. 2052 )). 39 So, is there a reasonable probability that Corson would have gone to trial if the People had disclosed K.B.'s false-reporting adjudication?

2016See People v. Garcia, 815 P.2d 937, 941 (Colo. 1991) (“In resolving an ineffective-assistance claim, a court is not required to first determine whether counsel’s performance was constitutionally deficient, for if the defendant fails to make an affirmative demonstration of prejudice, then the court may resolve the claim on that basis alone.” (citing Strickland, 466 U.S. at 697)). ¶39 So, is there a reasonable probability that Corson would have gone to trial if the People had disclosed K.B.’s false-reporting adjudication?

22
American Pride Co-op v. Seewaldgreen
coloctapp · 1998 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025Pride Co-op. v. Seewald, 968 P.2d 139, 142 (Colo. App. 1998); Pinnacol Assurance v. Hoff, 2016 CO 53, ¶ 32 . ¶ 20 We conclude that the district court’s findings were sufficient to support the enforceability of the 2017 agreement under either the partial performance doctrine or promissory estoppel.

11
In Re the Marriage of Lemoine-Hofmanngreen
coloctapp · 1992 · cited in 1 Colorado opinions naming this issue, 2019–2019
1 sentence

2019See Lemoine-Hofmann, 827 P.2d at 590 .

11
Newcomb v. Schaefflergreen
colo · 1955 · cited in 1 Colorado opinions naming this issue, 1987–1987
2 sentences

1987See, e.g., Newcomb v. Schaeffler, 131 Colo. 56 , 279 P.2d 409 (1955); Louthan v. Carson, 63 Colo. 473 , 168 P. 656 (1917). 3 Whether performance is “substantial” is generally a question of fact that depends on the particular circumstances of the case.

1987See, e.g., Newcomb v. Schaeffler, 131 Colo. 56 , 279 P.2d 409 (1955); Louthan v. Carson, 63 Colo. 473 , 168 P. 656 (1917). 3 Whether performance is “substantial” is generally a question of fact that depends on the particular circumstances of the case.

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 (8)

CaseCitedYears
Pinnacol Assurance v. Hoff green
colo · 2016
1 sentence

2025Pride Co-op. v. Seewald, 968 P.2d 139, 142 (Colo. App. 1998); Pinnacol Assurance v. Hoff, 2016 CO 53, ¶ 32 . ¶ 20 We conclude that the district court’s findings were sufficient to support the enforceability of the 2017 agreement under either the partial performance doctrine or promissory estoppel.

12025–2025
Bullcoming v. New Mexico green
scotus · 2011
1 sentence

2013In so holding, the Supreme Court explained that the surrogate testimony came from a person "who did not sign the certification or personally perform or observe the performance of the test reported in the certification." Id.

12013–2013
Louthan v. Carson green
colo · 1917
1 sentence

1987See, e.g., Newcomb v. Schaeffler, 131 Colo. 56 , 279 P.2d 409 (1955); Louthan v. Carson, 63 Colo. 473 , 168 P. 656 (1917). 3 Whether performance is “substantial” is generally a question of fact that depends on the particular circumstances of the case.

11987–1987
Lamar Alfalfa Milling Co. v. Bishop green
colo · 1926
2 sentences

1940Defendant relies upon Maxwell-Chamberlain Co. v. Piatt, 65 Colo. 140 , 173 Pac. 867 ; People v. District Court, 74 Colo. 121 , 218 Pac. 1047 , and Lamar Co. v. Bishop, 80 Colo. 369 , 250 Pac. 689 .

1940Defendant relies upon Maxwell-Chamberlain Co. v. Piatt, 65 Colo. 140 , 173 Pac. 867 ; People v. District Court, 74 Colo. 121 , 218 Pac. 1047 , and Lamar Co. v. Bishop, 80 Colo. 369 , 250 Pac. 689 .

11940–1940
Hawbaker v. Laco Gas Burner Co. neutral
iowa · 1930
2 sentences

1940In none of the cases cited by defendant on this point was an agency contract involved and that such contracts were not within the contemplation of those adjudications is apparent from the opinion in the Maxwell-Chamberlain Co. case, supra, cited in the other two, where, in discussing the relationship of the parties, we said: “No agency is established and he [plaintiff] is not in any manner authorized or empowered to act for or on account of the motor company [defendant].” Comparable in principle to our disposition of this question, though arising under a different form of statute, are: Hawbake

1940In none of the cases cited by defendant on this point was an agency contract involved and that such contracts were not within the contemplation of those adjudications is apparent from the opinion in the Maxwell-Chamberlain Co. case, supra, cited in the other two, where, in discussing the relationship of the parties, we said: “No agency is established and he [plaintiff] is not in any manner authorized or empowered to act for or on account of the motor company [defendant].” Comparable in principle to our disposition of this question, though arising under a different form of statute, are: Hawbake

11940–1940
Maxwell-Chamberlain Motor Co. v. Piatt neutral
colo · 1918
1 sentence

1940Defendant relies upon Maxwell-Chamberlain Co. v. Piatt, 65 Colo. 140 , 173 Pac. 867 ; People v. District Court, 74 Colo. 121 , 218 Pac. 1047 , and Lamar Co. v. Bishop, 80 Colo. 369 , 250 Pac. 689 .

11940–1940
Felger v. Walcher neutral
colo · 1923
1 sentence

1940Defendant relies upon Maxwell-Chamberlain Co. v. Piatt, 65 Colo. 140 , 173 Pac. 867 ; People v. District Court, 74 Colo. 121 , 218 Pac. 1047 , and Lamar Co. v. Bishop, 80 Colo. 369 , 250 Pac. 689 .

11940–1940
People ex rel. Burton v. District Court neutral
colo · 1923
1 sentence

1940Defendant relies upon Maxwell-Chamberlain Co. v. Piatt, 65 Colo. 140 , 173 Pac. 867 ; People v. District Court, 74 Colo. 121 , 218 Pac. 1047 , and Lamar Co. v. Bishop, 80 Colo. 369 , 250 Pac. 689 .

11940–1940

Where else courts name it

OH 352 (1986–2026) TX 203 (1961–2026) KS 84 (1990–2025) IL 62 (1891–2025) CT 58 (1909–2025) CA 58 (1919–2026) NY 53 (1903–2026) MS 48 (1988–2022) AL 36 (1975–2023) FL 35 (1963–2026) PA 32 (1912–2025) MI 32 (1920–2025) UT 30 (1982–2026) MD 24 (1884–2025) RI 23 (1970–2026) IN 21 (1894–2023) GA 20 (1977–2025) OR 16 (1929–2026) MT 15 (1944–2020) TN 14 (1915–2026) MO 14 (1975–2025) WA 14 (1924–2026) NJ 11 (1961–2023) IA 10 (1909–2025) WY 10 (1926–2026) DC 10 (1985–2024) MN 10 (1905–2007) WI 10 (1965–2024) NM 10 (1986–2023) VA 9 (1969–2018) NC 9 (1984–2022) SC 9 (1981–2025) KY 9 (1924–2022) MA 8 (1978–2024) AZ 8 (1966–2023) DE 8 (1999–2026) CO 8 (1940–2025) NE 7 (1894–2022) ND 6 (1974–2016) ME 5 (1947–2011) VT 5 (1972–2024) OK 4 (1937–2007) LA 4 (1895–2026) SD 4 (2005–2023) WV 4 (1995–2015) ID 3 (2009–2026) HI 2 (1967–2024) AR 2 (1989–1996) AK 2 (1970–2021) NV 2 (1950–2015) NH 2 (1988–1997)

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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