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| Hoang v. Assur. Co. of Am., Case No. 05SC389,
SUPREME COURT OF COLORADO, January 8, 2007, Decided
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Overview: In homeowners' attempt to garnish proceeds from commercial general liability policy, insurer was liable for damages to homeowners, even though damages were incurred during predecessor's ownership, because home builder had insured itself during time when property damage occurred, and no policy exclusion applied because of change of ownership.
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| People v. Aleem, Case No. 06SA90,
SUPREME COURT OF COLORADO, January 8, 2007, Decided
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Overview: The trial court abused its discretion by holding defendant in direct contempt by failing to warn defendant before holding him in direct contempt for behavior that was not extreme under Colo. R. Civ. P. 107(a)(2), and by inconsistently ordering defendant to remove his political T-shirt and then permitting him to wear it in front of the jury.
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| People v. McClain, Case No. 06SA268,
SUPREME COURT OF COLORADO, January 8, 2007, Decided
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Overview: Where police officers saw defendant dispose of cocaine prior to seizing him, the cocaine was not the fruit of the seizure. Therefore, the trial court erred in suppressing the cocaine evidence.
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| Travelers Cas. & Sur. Co. v. Village Homes of Colo., Case No. 06SC471,
SUPREME COURT OF COLORADO, January 8, 2007, Decided
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Overview: Judgment in favor of an insured home builder was affirmed because the proceeds of a commercial general liability insurance policy were available to satisfy the liability of a home builder to a subsequent purchaser of damaged property under a settlement agreement.
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| Good v. Bear Canyon Ranch Ass'n, Court of Appeals No.: 05CA1220,
COURT OF APPEALS OF COLORADO, DIVISION THREE, January 11, 2007, Decided
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Overview: Court did not err in granting summary judgment to homeowners' association finding amendment to restrictive covenant was valid under terms of declaration; nothing in declaration limited making of amendments until after expiration of initial 50-year term and homeowner's interpretation was inconsistent with Colo. Rev. Stat. § 38-33.3-217(1)(a)(II).
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| People ex rel. J.A.S., Court of Appeals No.: 06CA1441,
COURT OF APPEALS OF COLORADO, DIVISION SIX, January 11, 2007, Decided
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Overview: Inter alia, court did not err in finding that the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C.S. § 1901 et seq., and Colo. Rev. Stat. § 19-1-126 did not apply because, although the mother was not advised of the tribes' determinations that her children were not enrolled or eligible for enrollment, the tribes' determinations were conclusive.
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| People v. Kendall, Court of Appeals No.: 04CA1212,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 11, 2007, Decided
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Overview: Events of vehicular eluding, which occurred the first time defendant went to an apartment, and kidnapping a 12-year-old boy, which occurred the second time he went to the apartment were part of his common plan to locate his girlfriend; thus, trial court did not err in denying his motion to sever the vehicular eluding count, Colo. R. Crim. P. 14.
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| Turbyne v. People, Case No. 06SC21,
SUPREME COURT OF COLORADO, January 16, 2007, Decided
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Overview: Suppression of defendant's breath test results was proper under Colo. Rev. Stat. § 42-4-1301.1 because the results came from an invalid consent to search due to the arresting officer's erroneous and coercive advice to defendant that he could lose his license by not submitting to a chemical test that he had not selected.
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| People v. Reid, 07PDJ002.,
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 18, 2007, Decided
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