Colorado, January, 2004, State Case law

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State Courts - Colorado - January 12 - January 26, 2004

City of Golden v. Simpson, No. 02SA364, SUPREME COURT OF COLORADO, January 12, 2004, Decided
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Overview: Where a city diverted water in violation of a water right decree, the water court acted within its discretion in dismissing, after one hearing, the city's motion and complaint for injunctive relief against enforcement of a cease-and-desist order.

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People v. Platt, Case No. 03SA217, SUPREME COURT OF COLORADO, January 12, 2004, Decided
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Overview: The suppression of defendant's statements to the police was improper where the record demonstrated, under the totality of the circumstances, that defendant voluntarily spoke to the police and made a knowing and intelligent waiver of his rights.

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Hartman v. Cmty. Responsibility Ctr., Inc., Court of Appeals No. 02CA2525, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 15, 2004, Decided
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Overview: An employee who prevailed against her employer in a Wage Act case was properly awarded reasonable fees for two attorneys who represented her during trial; she was also entitled to an award of fees incurred to defend the employer's counterclaims.

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In re Marriage of Bertsch, Court of Appeals No. 02CA0888, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 15, 2004, Decided
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Overview: Trial court did not abuse its discretion in allocating parental responsibilities of the couple's two children to the husband, although there was some indication that the husband had a past history of abuse.

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Poly Trucking, Inc. v. Concentra Health Servs., Court of Appeals No. 02CA2429, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 15, 2004, Decided
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Overview: In a wrongful death action against a truck driver, his employer, and a medical certification company, the employer had no duty to disclose to the company during settlement negotiations an intent to file suit against the company's doctors.

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Destefano v. Nichols, No. 02SC667, SUPREME COURT OF COLORADO, January 20, 2004, Decided
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McDonnell v. People, Case Number: 03PDJ063, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 23, 2004, Decided
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Overview: Attorney was readmitted to the practice of law having demonstrated he had undergone a fundamental character change, acknowledged the wrongfulness of his conduct (conversion of client funds), demonstrated remorse, and accepted responsibility.

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C.S. v. People (In the Interest of I.S.), Consolidated Cases No. 03SC335, No. 03SC336, SUPREME COURT OF COLORADO, January 26, 2004, Decided
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Overview: A mother's parental rights were properly terminated where she did not have a stable home, she discontinued drug and alcohol monitoring, she failed to keep a safe, secure home for her children or herself, and the conditions were unlikely to change.

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Davidson v. Sandstrom, Case No. 03SC287, SUPREME COURT OF COLORADO, January 26, 2004, Decided
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Overview: Because a district attorney was a "nonjudicial elected official," he was subject to the constitutional term limitation requirements; however, a board of county commissioners was allowed to submit a measure to the voters of the judicial district.

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People v. Trujillo, Case No. 02SC630, SUPREME COURT OF COLORADO, January 26, 2004, Decided
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Overview: Upon defendant's retrial for first-degree assault, the trial court did not deny defendant's due process rights by denying instructions on resisting arrest and reckless endangerment; his theory of defense was adequately presented to the jury.

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