Moore claim (Colorado) · Go Syfert
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Moore claim in Colorado

6 Colorado opinions name it 2 courts 1969–2025 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
William J. Hunsaker, Jr. v. The People of the State of Coloradogreen
colo · 2021 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Hunsaker, 2020 COA 48, ¶ 10 , aff’d, 2021 CO 83 . ¶ 16 Based on these reasons and the record before us, we conclude that the postconviction court did not err by denying Moore’s motion.

11
v. Hunsakergreen
coloctapp · 2020 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Hunsaker, 2020 COA 48, ¶ 10 , aff’d, 2021 CO 83 . ¶ 16 Based on these reasons and the record before us, we conclude that the postconviction court did not err by denying Moore’s motion.

11
UNITED STATES of America, Plaintiff-Appellee, v. Robert Steve TURMAN, Defendant-Appellantgreen
ca9 · 1997 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014The court of appeals reasoned that the law regarding this alleged error was unsettled at the time of trial, and "[wlhen the state of the law is unclear[,] ... and only becomes clear as a result of later authority, the district court's error is perforce not plain." Id. at *3 (quoting United States v. Turman, 122 F.3d 1167, 1170 (9th Cir.1997)).

11
People v. Nunngreen
coloctapp · 2006 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009See id.

11
Mountain States Bank v. Irvingreen
coloctapp · 1991 · cited in 1 Colorado opinions naming this issue, 2008–2008
1 sentence

2008See also § 15-12-104, C.R.S. 2007 (providing that after appointment of a personal representative, and before distribution, an action to enforce a claim against an estate is governed by the statutory procedures set forth in article 12 of title 15 relating to procedure in probate proceedings); Mountain States Bank v. Irvin, 809 P.2d 1113, 1116 (Colo.App.1991) (only the probate court has jurisdiction to enforce a claimed lien against estate property).

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 (3)

CaseCitedYears
People v. Moore green
coloctapp · 2010
2 sentences

2014The court of appeals then chose to address Moore's claim, observing that: (1) the prosecution had not challenged Moore's raising of the claim on direct appeal, instead arguing that "a remand is unnecessary because this Court can conclude from the existing record that the trial court's advisement ... did not affect the defendant's decision to waive his right to testify"; (2) our decision in Bighm, which required such a claim to be raised via post-conviction motion, did not "cast the procedural issue as jurisdictional"; and (8) the court could resolve the issue without a fact-intensive inquiry.

2014The court of appeals reasoned that the law regarding this alleged error was unsettled at the time of trial, and "[wlhen the state of the law is unclear[,] ... and only becomes clear as a result of later authority, the district court's error is perforce not plain." Id. at *3 (quoting United States v. Turman, 122 F.3d 1167, 1170 (9th Cir.1997)).

12014–2014
People v. Bartowsheski green
colo · 1983
2 sentences

1994The linchpin of the Moore analysis is thus the interpretation of § 18-l-408(5)(a) in People v. Bartowsheski, supra, and the rationale of Boulies v. People, supra: Like felony murder, “felony” first degree-assault requires proof of the very same elements essential to the charge of the predicate felony.

1994The linchpin of the Moore analysis is thus the interpretation of § 18-1-408(5)(a) in People v. Bartowsheski, supra , and the rationale of Boulies v. People, supra : Like felony murder, "felony" first degree-assault requires proof of the very same elements essential to the charge of the predicate felony.

11994–1994
Fraser v. Geist green
paed · 1940
1 sentence

1969Rather than strictly apply Moore’s test, the court in Fraser v. Geist, 1 F.R.D. 267 , examined the complaint to determine whether the plaintiff had stated a good claim for either equitable or legal relief.

11969–1969

Where else courts name it

TX 51 (1980–2025) OH 42 (1998–2025) GA 40 (1985–2025) CA 31 (1961–2026) IL 22 (1978–2023) MS 21 (1981–2026) IN 20 (1981–2023) SC 18 (1994–2022) FL 18 (1971–2022) WA 16 (1982–2018) PA 15 (1974–2023) MO 14 (1890–2024) MI 13 (1987–2020) AL 12 (1959–2017) NY 10 (1981–2024) ID 9 (1992–2025) VA 8 (1999–2026) LA 7 (1947–2018) IA 7 (2010–2026) NE 6 (1984–2024) NM 6 (1994–2016) WI 6 (1993–2023) CO 6 (1969–2025) KS 5 (2008–2020) NC 5 (1983–2016) TN 5 (1986–2024) MD 5 (1968–2022) MT 5 (1994–2015) KY 4 (2020–2023) WY 4 (1978–2013) AR 4 (2014–2021) ND 4 (2010–2012) AZ 4 (2014–2025) DC 4 (1978–2015) OK 4 (1930–2013) WV 4 (2003–2023) NV 4 (2018–2018) UT 3 (2009–2021) MN 2 (2008–2016) NJ 2 (2010–2020) ME 2 (1991–2023) SD 2 (1983–1999) AK 2 (1994–2005)

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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