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Cases of Note Criteria

Cases that meet one or more of the following criteria will be summarized as Cases of Note.

Objective

  • The General Assembly is a named party.
  • The decision is based on separation of powers.
  • The decision interprets a constitutional provision that applies specifically to the General Assembly.
  • The decision clearly overrules precedent.
  • The decision explicitly creates a conflict within the court of appeals.
  • The court finds that a statute is unconstitutional.
  • The court finds that federal law preempts a statute or constitutional provision.
  • The court finds that a statute conflicts with other statutes.
  • The court finds that a statute is so ambiguous that it suggests that the General Assembly amend it.
  • The court finds that a statute has a gap or otherwise is broken so that it cannot apply the statute without significant interpretation.

Subjective

  • The decision reverses the trial court or court of appeals on a significant question of law.
  • The decision appears to be a landmark decision for Colorado.
  • The court significantly reinterprets a statute or constitutional provision.
  • The subject matter is of significant policy interest.
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