Legal Opinion · Dissent

People ex rel. Vivekanathan

Colorado Court of Appeals

Decided October 24, 2013No. Court of Appeals No. 13CA1203Published

1Dissent

JUDGE HAWTHORNE,

dissenting.

Because I conclude that the issues raised in this appeal are capable of repetition while evading review, and therefore not moot, I dissent.

I. Mootness

Generally, Colorado courts invoke their judicial power only when an actual controversy exists between adverse parties. Trinidad Sch. Dist, No. 1 v. Lopez, 963 P.2d 1095, 1102 (Colo.1998); accordPeople v. Back, 2018 COA 114, ¶10, - P.3d -, 2013 WL 8948162; Grossman v. Dean, 80 P.8d 952, 960 (Colo. App.20083). If such a controversy no longer exists, or if the relief granted by a court would have no practical effect upon…

2Cases cited40 opinions

  1. Sibron v. New YorkSupreme Court of the United States · 1968
  2. Evitts v. LuceySupreme Court of the United States · 1985
  3. Cloverleaf Kennel Club, Inc. v. Colorado Racing CommissionSupreme Court of Colorado · 1980
  4. Goedecke v. State, Dept. of InstitutionsSupreme Court of Colorado · 1979
  5. Simpson v. Bijou Irrigation Co.Supreme Court of Colorado · 2003

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