September 4, 2026 Case Summaries

This is a really important opinion that you do not want to miss. Issue #1: The postconviction court erred by denying Page’s petition for postconviction DNA testing without a hearing because Page’s petition sufficiently alleged that there is “a reasonable probability that he would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution.” Issue #2: “Biological Evidence” for section 18-1-413(1)(b), is evidence that contains a testable quantity of DNA. Issue #3: The division refused the government’s invitation to apply “laches” as a means to avoid justice.

A jury doesn’t need to see a video to determine that it is “obscene” material for purposes of a conviction for promotion of obscenity to a minor.

Issue #1: The district court did not err when denying Jargowsky’s motions to suppress the records obtained through search warrants issued to business and financial institutions outside of El Paso County. Issue #2 Jargowsky argued that the trial court erred by admitting three categories of evidence. The division disagreed or found any purported error was harmless. Issue #3: Even if the district court erred by allowing two witnesses — a senior manager for Walmart and a retail crime investigator for Home Depot — to provide expert testimony about retail theft without being endorsed as experts, the error was harmless. Issue #4: There could be no confrontation clause violation for evidence offered to show the “effect on the listener” (state of mind), since it was not offered for the truth of the matter asserted. Issue #5: The trial court did not err by rejecting Jargowsky’s proposed affirmative defense instructions on mistake of fact and mistake of law.

In a sex assault on a child prosecution, the prosecution’s expert’s testimony that a child’s statements are more likely to be truthful if the child promises to be truthful before beginning the interview improperly bolstered the child-victim’s credibility.

Accusations that Arapahoe County Judge Whitfield is a bench bully did not win the day for Bonsell, but could be a winning issue in the future if this is a pattern of behavior.

The Tenth Circuit reversed the the district court’s opinion which I talked about at great length in my June 13, 2025, case summaries email. U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266 (D. Ct. Colo. 6.9.2025). Bad News - Issue #1: The frisk was justified because the officer had probable cause to arrest Sigala-Baray for driving without insurance. Good News - Issue #2: The district court found that Taylor did not have objectively reasonable suspicion that Sigala-Baray was armed and dangerous, and, therefore, the frisk could not be justified in the absence of probable cause to arrest. The government did not challenge this decision, so the Tenth Circuit did not address it. This means it is still a valid analysis that could prove helpful to your clients.