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Colorado Supreme Court Opinions
December 23, 2013

2013 CO 71. No. 13SA179. People v. Cunningham.
Criminal Procedure—Crim. P. 41(e)—Suppression Hearing—Defendant’s Burden of Going Forward With Evidence—Searches and Seizure Under Warrant.

The Supreme Court held that the trial court erred in suppressing evidence when it ruled that the prosecution must go forward with evidence showing that the warrant in this case was facially valid and legally executed. Whether a search or seizure is performed pursuant to a warrant or is warrantless, the defendant under Crim.P. 41(e) bears the burden of going forward to show that the search or seizure violated his or her Fourth Amendment rights. The suppression order was reversed and the case was remanded to the trial court.

2013 CO 72. No. 12SC391. S.W. v. Towers Boat Club, Inc.
Attractive Nuisance—CRS § 13-21-115.

The Supreme Court considered whether, under Colorado’s premises liability statute, CRS § 13-21-115, the attractive nuisance doctrine applies to both trespassing children and licensees or invitees. The Court held that the doctrine permits all children, regardless of their classification, to bring a claim for attractive nuisance. The Court therefore reversed the judgment of the court of appeals, which had found that the doctrine only protects trespassing children.

2013 CO 73. No. 11SA306. Concerning the Application for Water Rights of Yellow Jacket Water Conservancy District in Rio Blanco County: Yellow Jacket Water Conservancy District v. Livingston.
Diligence Applications—Holdover Directors—Water Conservancy Act.

The Supreme Court held that the holdover provision in the Water Conservancy Act, CRS § 37-45-114(1)(b), enables a holdover director to continue to serve as a de jure officer and does not impose a temporal limit on his or her authority to act on behalf of a water district. The water court’s judgment was reversed and the case was remanded for further proceedings.

Colorado Supreme Court Opinions