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MILLER v. AMOS

Supreme Court Case No. 22SC936.

543 P.3d 393 (2024)

2024 CO 11

Claire E. MILLER, Petitioner, v. Jesse A. AMOS, Respondent.

Supreme Court of Colorado.

February 20, 2024.

Attorney(s) appearing for the Case

Attorneys for Petitioner: CED Law, Spencer Bailey , Denver, Colorado, Ericka Welsh , Denver, Colorado.

Attorney for Respondent: Gilbert O. Montoya, Jr. , Westminster, Colorado.

Attorneys for Amicus Curiae Colorado Bar Association Real Estate Law Section: Messner Reeves LLP, Reagan Larkin, Deanne R. Stodden, Denver, Colorado.

Attorney for Amici Curiae Colorado Legal Services and Alpine Legal Services: Jana Happel, Denver, Colorado.

JUSTICE BERKENKOTTER delivered the Opinion of the Court, in which JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE HART, and JUSTICE SAMOUR joined.

¶1 At her eviction trial, petitioner Claire Miller tried to argue that her landlord improperly terminated her tenancy and filed a forcible entry and detainer ("FED") action to evict her because she refused to have sex with him. It is undisputed that Miller asserted this as a defense in...

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