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7 Colorado opinions name it 2 courts 1981–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
James v. United Statesred2 sentences2015See, e.g., James, 550 U.S. at 202 -03 , 127 S.Ct. 1586 (using the ''categorical approach,'' which looks ''only to the fact of conviction and the statutory definition of the prior offense'' and not to the ''particular facts disclosed by the record of conviction'') (citation omitted). ¶ 61 Under the categorical approach developed in James , the Court assessed ''how the law defines the offense and not ... how an individual offender might have committed it on a particular occasion.'' Johnson , 576 U.S. at ----, 135 S. Ct. at 2557 . 2015See, e.g., James, 550 U.S. at 202 -03 , 127 S.Ct. 1586 (using the ''categorical approach,'' which looks ''only to the fact of conviction and the statutory definition of the prior offense'' and not to the ''particular facts disclosed by the record of conviction'') (citation omitted). ¶ 61 Under the categorical approach developed in James , the Court assessed ''how the law defines the offense and not ... how an individual offender might have committed it on a particular occasion.'' Johnson , 576 U.S. at ----, 135 S. Ct. at 2557 . | 1 | 1 |
State of Minnesota v. David Lee Haywoodgreen1 sentence2015See, e.g., State v. Haywood, 869 N.W.2d 902 , 910 (Minn. Ct. App. 2015). ¶ 64 Other courts have applied Johnson only to address whether language similar to the ACCA's residual clause appearing in other federal or state provisions is vague. | 1 | 1 |
Johnson v. United Statesgreen1 sentence2015See, e.g., James, 550 U.S. at 202 -03 , 127 S.Ct. 1586 (using the ''categorical approach,'' which looks ''only to the fact of conviction and the statutory definition of the prior offense'' and not to the ''particular facts disclosed by the record of conviction'') (citation omitted). ¶ 61 Under the categorical approach developed in James , the Court assessed ''how the law defines the offense and not ... how an individual offender might have committed it on a particular occasion.'' Johnson , 576 U.S. at ----, 135 S. Ct. at 2557 . | 1 | 1 |
Corbetta v. Albertson's, Inc.green1 sentence2008A. Competing Interests: Liberal Discovery and the Confidentiality of Tax Returns In deciding discovery disputes, we have long held that the rules of civil procedure should be construed liberally so as "to effectuate the full extent of their truth-seeking purpose." Corbetta v. Albertson's, Inc., 975 P.2d 718, 720 (Colo.1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rust v. Board of County Commissioners of Summit County
green
1 sentence2019As to this issue, we conclude that the analysis in Rust v. Board of County Commissioners, 2018 COA 72 , is preferable to that in Hogan. 31 B. | 1 | 2019–2019 |
McConnell v. Federal Election Commission
red
2 sentences2012Ethics Watch contends that both McConnell v. FEC, 540 U.S. 93 , 124 S.Ct. 619 , overruled in part *1257 by Citizens United, _ U.S. _, 130 S.Ct. 876 , and FEC v. WRTL, 551 U.S. 449 , 127 S.Ct. 2652 , mandate that if "express advocacy" is to provide a workable standard, it must be interpreted to include advertisements that are the "functional equivalent" of express advocacy, which includes ads that are susceptible to no other reasonable interpretation than as an appeal to vote for or against a candidate. 131 We disagree with Ethics Watch's reading of these cases and decline to adopt a functional 2012Ethics Watch contends that both McConnell v. FEC, 540 U.S. 93 , 124 S.Ct. 619 , overruled in part *1257 by Citizens United, _ U.S. _, 130 S.Ct. 876 , and FEC v. WRTL, 551 U.S. 449 , 127 S.Ct. 2652 , mandate that if "express advocacy" is to provide a workable standard, it must be interpreted to include advertisements that are the "functional equivalent" of express advocacy, which includes ads that are susceptible to no other reasonable interpretation than as an appeal to vote for or against a candidate. 131 We disagree with Ethics Watch's reading of these cases and decline to adopt a functional | 1 | 2012–2012 |
cluster 1741
green
1 sentence2012Ethics Watch contends that both McConnell v. FEC, 540 U.S. 93 , 124 S.Ct. 619 , overruled in part *1257 by Citizens United, _ U.S. _, 130 S.Ct. 876 , and FEC v. WRTL, 551 U.S. 449 , 127 S.Ct. 2652 , mandate that if "express advocacy" is to provide a workable standard, it must be interpreted to include advertisements that are the "functional equivalent" of express advocacy, which includes ads that are susceptible to no other reasonable interpretation than as an appeal to vote for or against a candidate. 131 We disagree with Ethics Watch's reading of these cases and decline to adopt a functional | 1 | 2012–2012 |
Federal Election Commission v. Wisconsin Right to Life, Inc.
green
2 sentences2012Ethics Watch contends that both McConnell v. FEC, 540 U.S. 93 , 124 S.Ct. 619 , overruled in part *1257 by Citizens United, _ U.S. _, 130 S.Ct. 876 , and FEC v. WRTL, 551 U.S. 449 , 127 S.Ct. 2652 , mandate that if "express advocacy" is to provide a workable standard, it must be interpreted to include advertisements that are the "functional equivalent" of express advocacy, which includes ads that are susceptible to no other reasonable interpretation than as an appeal to vote for or against a candidate. 131 We disagree with Ethics Watch's reading of these cases and decline to adopt a functional 2012Ethics Watch contends that both McConnell v. FEC, 540 U.S. 93 , 124 S.Ct. 619 , overruled in part *1257 by Citizens United, _ U.S. _, 130 S.Ct. 876 , and FEC v. WRTL, 551 U.S. 449 , 127 S.Ct. 2652 , mandate that if "express advocacy" is to provide a workable standard, it must be interpreted to include advertisements that are the "functional equivalent" of express advocacy, which includes ads that are susceptible to no other reasonable interpretation than as an appeal to vote for or against a candidate. 131 We disagree with Ethics Watch's reading of these cases and decline to adopt a functional | 1 | 2012–2012 |
James v. United States
green
2 sentences1992Stating that “fair warning” does not provide a workable test, the dissent focused on the ex post facto clause protection “against improperly motivated or capricious legislation,” and reiterated the concern of Justice Harlan in James v. United States, 366 U.S. 213 , 247 n. 3, 81 S.Ct. 1052 , 1070 n. 3, 6 L.Ed.2d 246 (1961), that the result of ex post facto legislation may not be to deter dangerous conduct but, instead, to target specific persons or classes of persons. 1992Stating that “fair warning” does not provide a workable test, the dissent focused on the ex post facto clause protection “against improperly motivated or capricious legislation,” and reiterated the concern of Justice Harlan in James v. United States, 366 U.S. 213 , 247 n. 3, 81 S.Ct. 1052 , 1070 n. 3, 6 L.Ed.2d 246 (1961), that the result of ex post facto legislation may not be to deter dangerous conduct but, instead, to target specific persons or classes of persons. | 1 | 1992–1992 |
Dobbert v. Florida
green
2 sentences1992Dobbert, 432 U.S. at 307 n. 7, 97 S.Ct. at 2305 n. 7. 1992Dobbert, 432 U.S. at 307 n. 7, 97 S.Ct. at 2305 n. 7. | 1 | 1992–1992 |
Chimel v. California
red
2 sentences1986The Supreme Court concluded that the search of the passenger compartment was a constitutionally valid search incident to a lawful custodial arrest, stating: Our reading of the cases suggests the generalization that articles inside the relatively narrow compass of the passenger compartment of an automobile are in fact generally, even if not inevitably, within “the area into which an arrestee might reach in order to grab a weapon or evi-dentiary ite[m].” In order to establish the workable rule this category of cases requires, we read Chimel’s [Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 1986The Supreme Court concluded that the search of the passenger compartment was a constitutionally valid search incident to a lawful custodial arrest, stating: Our reading of the cases suggests the generalization that articles inside the relatively narrow compass of the passenger compartment of an automobile are in fact generally, even if not inevitably, within “the area into which an arrestee might reach in order to grab a weapon or evi-dentiary ite[m].” In order to establish the workable rule this category of cases requires, we read Chimel’s [Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , | 1 | 1986–1986 |
New York v. Belton
red
1 sentence1981Accordingly, we hold that when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." New York v. Belton, supra, - U.S. at -, 101 S.Ct. at -, 69 L.Ed.2d at 774-75 . | 1 | 1981–1981 |
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.