Legal Opinion

In Re the Estate of Elliott

Supreme Court of Colorado

Decided February 14, 2000No. 99SA306PublishedCited by 28 opinions

1Opinion of the CourtJustice Rice

We issued a rule to show cause pursuant to C.A.R. 21 in this case to determine whether the probate court abused its discretion when it held Petitioner Darlene Lee Robinson in contempt and ordered her incarcerated indefinitely. We now hold that the probate court abused its discretion when it ordered Petitioner to be incarcerated indefinitely in a remedial contempt proceeding without complying with Colorado Rule of Civil Procedure 107. We direct the probate court judge to disqualify herself to allow for the substitution of another judge to adjudicate contempt proceedings in accordance with this…

2Cases cited20 opinions

  1. United States v. RylanderSupreme Court of the United States · 1983
  2. Taylor v. HayesSupreme Court of the United States · 1974
  3. Falstaff Brewing Corporation, General Brewing Company S & P Company v. Miller Brewing Company, and Philip Morris, IncorporatedCourt of Appeals for the Ninth Circuit · 1983
  4. Trinidad School District No. 1 v. Lopez Ex Rel. LopezSupreme Court of Colorado · 1998
  5. People v. District CourtSupreme Court of Colorado · 1977

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3Cited by28 opinions

  1. People v. HagosColorado Court of Appeals · 2010
  2. People v. AleemSupreme Court of Colorado · 2007
  3. In re Estate of OwensColorado Court of Appeals · 2017
  4. People v. SchupperColorado Court of Appeals · 2005
  5. In Re Marriage of Cyr and KayColorado Court of Appeals · 2008

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