legislature intended defense (Colorado) · Go Syfert
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legislature intended defense in Colorado

5 Colorado opinions name it 2 courts 1975–2021 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 (4)

CaseFollowedCited
Specialty Restaurants Corp. v. Nelsongreen
colo · 2010 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021Corp. v. Nelson , 231 P.3d 393, 397 ( Colo. 2010 ) . ¶58 Had the legislature intended to bar the type of consecutive prison-probation sentences Manaois received in this case , it presumably would have said as much.

11
Smith v. Doegreen
scotus · 2003 · cited in 1 Colorado opinions naming this issue, 2018–2018
1 sentence

2018See Smith v. Doe, 538 U.S. 84, 92 (2003) (legislative intent as expressed in statute supported conclusion that Alaska sex offender registration statute was non-punitive).

11
Devenyns v. Hartiggreen
coloctapp · 1998 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015See Devenyns, 983 P.2d at 66 .

11
People v. Lagegreen
coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015See People v. Lage, 232 P.3d 138 , 141 (Colo.App.2009) (when different statutes relate to the same subject matter, they are closely enough related to justify interpreting one in light of the other). ¶ 17 Reading the two statutes consistently, we conclude that the legislature intended that the exception apply to the doctor's unaltered prescription order. "[I]nformation acquired" by the doctor, in section 13-90-107(1)(d), extends beyond statements made by a patient to his or her doctor to include medical records created in the course of treatment.

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 (4)

CaseCitedYears
v. Struckmeyer green
colo · 2020
1 sentence

2020Nothing in this discussion suggests that the legislature intended the waiver of immunity to be limited to cases of negligence, and not applicable to more serious torts such as gross negligence or intentional conduct. ¶ 72 When a person operating a jail acts with wrongful intent, the person also acts at least negligently by unreasonably neglecting the rights of the injured claimant. “[P]roving a culpable mental state 33 necessarily establishes any lesser culpable mental state(s).” People v. Struckmeyer, 2020 CO 76, ¶ 6 . ¶ 73 The majority correctly states that negligence and intentional torts a

12020–2020
White v. Hansen green
colo · 1992
1 sentence

2020Nothing in this discussion suggests that the legislature intended the waiver of immunity to be limited to cases of negligence, and not applicable to more serious torts such as gross negligence or intentional conduct. ¶ 72 When a person operating a jail acts with wrongful intent, the person also acts at least negligently by unreasonably neglecting the rights of the injured claimant. “[P]roving a culpable mental state 33 necessarily establishes any lesser culpable mental state(s).” People v. Struckmeyer, 2020 CO 76, ¶ 6 . ¶ 73 The majority correctly states that negligence and intentional torts a

12020–2020
Shoenberg Farms, Inc. v. People ex rel. Swisher green
colo · 1968
2 sentences

1975Swisher, 166 Colo. 199 , 444 P.2d 277 ; Burton v. City and County of Denver, 99 Colo. 207 , 61 P.2d 856 , we conclude that the legislature intended that the defense of factual or legal impossibility not be available in an attempt prosecution.

1975Swisher, 166 Colo. 199 , 444 P.2d 277 ; Burton v. City and County of Denver, 99 Colo. 207 , 61 P.2d 856 , we conclude that the legislature intended that the defense of factual or legal impossibility not be available in an attempt prosecution.

11975–1975
Burton v. City & County of Denver green
colo · 1936
2 sentences

1975Swisher, 166 Colo. 199 , 444 P.2d 277 ; Burton v. City and County of Denver, 99 Colo. 207 , 61 P.2d 856 , we conclude that the legislature intended that the defense of factual or legal impossibility not be available in an attempt prosecution.

1975Swisher, 166 Colo. 199 , 444 P.2d 277 ; Burton v. City and County of Denver, 99 Colo. 207 , 61 P.2d 856 , we conclude that the legislature intended that the defense of factual or legal impossibility not be available in an attempt prosecution.

11975–1975

Where else courts name it

CA 59 (1914–2026) TX 55 (1998–2024) IL 48 (1930–2025) OR 35 (1950–2025) NY 21 (1925–2018) MD 19 (1948–2024) MI 18 (1926–2025) PA 17 (1906–2023) NJ 16 (1952–2025) WI 14 (1881–2022) FL 13 (1982–2019) CT 13 (1985–2025) OH 12 (1880–2025) NM 10 (1912–2024) WY 9 (1990–2022) NH 9 (1985–2021) MO 7 (1982–2023) KS 7 (1940–2025) WA 7 (1947–2011) AZ 6 (1968–2013) CO 5 (1975–2021) IA 5 (1970–2019) AL 5 (1993–2011) MA 4 (1917–2010) SD 4 (1977–2017) ND 4 (1996–2012) AR 4 (2004–2024) TN 4 (2012–2026) IN 4 (1990–2013) OK 4 (1915–2004) SC 3 (1974–2026) MN 3 (1984–2004) WV 3 (1946–2008) VA 3 (2012–2012) LA 3 (1997–2014) VT 2 (1997–2024) AK 2 (2009–2023)

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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