should consider factors (Colorado) · Go Syfert
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should consider factors in Colorado

8 Colorado opinions name it 2 courts 1998–2025 3 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 (4)

CaseFollowedCited
v. Bakergreen
colo · 2021 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025People v. Baker, 2021 CO 29, ¶ 32 (citing Rector, 248 P.3d at 1203 ). 5 C.

11
People v. Rectorgreen
colo · 2011 · cited in 1 Colorado opinions naming this issue, 2025–2025
2 sentences

2025Doing so would usurp the function of the jury. ¶ 15 To determine whether expert testimony usurped the function of the jury, the court should consider the factors set forth in People v. Rector, 248 P.3d 1196, 1203 (Colo. 2011): whether (1) the testimony was clarified on cross-examination; (2) the expert’s testimony expressed an opinion of the applicable law or legal standards and thereby usurped the function of the court; (3) the jury was properly instructed on the law and that it could accept or reject the expert’s opinion; and (4) the expert opined that the defendant had committed the crime o

2025People v. Baker, 2021 CO 29, ¶ 32 (citing Rector, 248 P.3d at 1203 ). 5 C.

11
People v. Harlangreen
colo · 2005 · cited in 1 Colorado opinions naming this issue, 2024–2024
2 sentences

2024Harlan , 109 P.3d at 625 . ¶72 During the second step, the court should consider those factors articulated in our prior cases: (1) how the extraneous information related to critical issues in the case; (2) the degree of authority represented by the extraneous information; (3) how the information was acquired; (4) whether the information was shared with other jurors in the jury room; (5) whether the information was considered before the jury reached its verdict; and (6) whether there is a reasonable possibility that the information would influence a typical juror to the defendant's detriment.

2024Harlan , 109 P.3d at 625. ¶72 During the second step, the court should consider those factors articulated in our prior cases: (1) how the extraneous information related to critical issues in the case; (2) the degree of authority represented by the extraneous information; (3) how the information was acquired; (4) whether the information was shared with other jurors in the jury room; (5) whether the information was considered before the jury reached its verdict; and (6) whether there is a reasonable possibility that the information would influence a typical juror to the defendant's detriment.

11
Rankin v. McPhersongreen
scotus · 1987 · cited in 1 Colorado opinions naming this issue, 2019–2019
1 sentence

2019In this regard, the court should consider factors such as “whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Rankin v. McPherson, 483 U.S. 378, 388 (1987) (citing Pickering, 391 U.S. at 570–73). 9 ¶25 For several reasons, we agree with the Commission that Pickering provides the appropriate framework for addressing the First Amendment issues

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 (6)

CaseCitedYears
Keefe v. Kirschenbaum & Kirschenbaum, P.C. green
colo · 2002
2 sentences

2004Keefe v. Kirschenbaum & Kirschenbaum, P.C., supra ; In re Parental Responsibilities of H.Z.G., supra .

2004Keefe v. Kirschenbaum & Kirschenbaum, P.C., supra; In re Parental Responsibilities of H.Z.G., supra. C.

32003–2004
In Re the Parental Responsibilities of H.Z.G. green
coloctapp · 2003
2 sentences

2004Keefe v. Kirschenbaum & Kirschenbaum, P.C., supra ; In re Parental Responsibilities of H.Z.G., supra .

2004Keefe v. Kirschenbaum & Kirschenbaum, P.C., supra; In re Parental Responsibilities of H.Z.G., supra. C.

22004–2004
Colorow Health Care, LLC v. Fischer green
colo · 2018
1 sentence

2021Id. at 227 . ¶ 32 In applying the first Bickel factor, the Colorow court held that the facility’s noncompliance with the typeface requirement was “minimal.” Colorow, ¶ 40, 420 P.3d at 267 .

12021–2021
Bickel v. City of Boulder green
colo · 1994
1 sentence

2021Id. at 227 . ¶ 32 In applying the first Bickel factor, the Colorow court held that the facility’s noncompliance with the typeface requirement was “minimal.” Colorow, ¶ 40, 420 P.3d at 267 .

12021–2021
Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty. green
scotus · 1968
2 sentences

2019In this regard, the court should consider factors such as “whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Rankin v. McPherson, 483 U.S. 378, 388 (1987) (citing Pickering, 391 U.S. at 570–73). 9 ¶25 For several reasons, we agree with the Commission that Pickering provides the appropriate framework for addressing the First Amendment issues

2019In this regard, the court should consider factors such as “whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Rankin v. McPherson, 483 U.S. 378, 388 (1987) (citing Pickering, 391 U.S. at 570–73). 9 ¶25 For several reasons, we agree with the Commission that Pickering provides the appropriate framework for addressing the First Amendment issues

12019–2019
United States v. John W. Downing green
ca3 · 1985
1 sentence

1998United States v. Downing, supra. Here, the trial court addressed the admissibility of the testimony of plaintiffs expert pursuant to CRE 702 and Campbell v. People, supra. We agree that such was the proper standard.

11998–1998

Where else courts name it

MI 34 (1984–2025) IL 32 (1978–2025) NY 31 (1975–2025) TX 30 (1983–2024) CA 27 (1962–2024) OH 27 (1990–2024) NJ 17 (1980–2025) SC 13 (1999–2026) IN 9 (1990–2017) CO 8 (1998–2025) UT 8 (1988–2017) WA 8 (1974–2020) WI 7 (1964–2022) FL 7 (1990–2012) TN 7 (1998–2017) LA 6 (1987–2015) AZ 6 (1991–2024) OR 6 (2005–2026) MN 5 (1987–2017) MO 5 (1984–2008) MD 3 (1998–2016) SD 3 (1980–2022) AL 3 (2000–2017) NV 2 (2016–2016) MS 2 (2004–2008) NE 2 (2008–2021) VT 2 (1979–2013) CT 2 (1994–1994) RI 2 (2007–2007) DC 2 (1998–2000) KS 2 (2020–2024) VA 2 (2004–2026) DE 2 (1992–2023)

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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