Colorado, January, 2005, State Case law

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State Courts - Colorado - January 13, 2005

Francis v. Dahl, Court of Appeals No. 03CA0785, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 13, 2005, Decided
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Overview: In a tort suit brought by the mother of a minor injured in a car accident, the court erred by giving a mitigation instruction to the jury. The minor could not reasonably have mitigated her damages by seeking medical or chiropractic care on her own.

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In re Marriage of Moore, Court of Appeals No. 04CA0065, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 13, 2005, Decided
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Overview: A father's appeal of order that deemed his motion for review denied was dismissed because there was not yet a final order for appeals court to review, and no such final order would exist until district court ruled upon the father's motion for review.

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Luttgen v. Fischer, Court of Appeals No. 03CA1739, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 13, 2005, Decided
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Overview: Summary judgment for attorney was proper because client failed to show her injuries resulted from attorney's failure to advise her of limitations period on her oral lease-purchase agreement claims and he ceased to represent her before period expired.

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People v. Aarness, Court of Appeals No.: 03CA0096, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 13, 2005, Decided
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Overview: Evidence taken from apartment where defendant was arrested was fruit of unlawful entry because officers lacked search warrant and a reasonable belief that apartment was defendant's residence, and entry was not within exception to warrant requirement.

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People v. Liggett, Court of Appeals No.: 02CA2602, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 13, 2005, Decided
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Overview: Where defendant forged his employer's signature on a check and cashed it, the evidence was sufficient to convict him of theft and forgery. The prosecutor's alleged misconduct during the bench trial did not warrant reversal.

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People v. Manzo, Court of Appeals No.: 03CA1384, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 13, 2005, Decided
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Overview: Defendant's conviction for leaving the scene of an accident causing serious bodily injury was vacated, as he was not properly advised of the requisite mental state of the offense; thus, his guilty plea was not knowingly and voluntarily made.

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People v. Owen, Court of Appeals No.: 02CA2369, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 13, 2005, Decided
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Overview: Where trial court denied defendant's motions to dismiss based on alleged statutory speedy trial violation and defendant entered an unconditional guilty plea, defendant waived any objection he had based on the speedy trial statute.

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People v. Roberts, Court of Appeals No.: 03CA0214, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 13, 2005, Decided
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Overview: Where defendant acting as a caregiver converted the funds of an elderly person to her own use, the trial court properly ordered her to pay restitution plus prejudgment and postjudgment interest.

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People v. Webb-Johnson, Court of Appeals No. 03CA0886, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 13, 2005, Decided
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Overview: In a criminal case involving a hazardous substance incident, the trial court did not err in treating defendant's employer as a victim because a "person" for purposes of the restitution statute did not have to be a human being.

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Rook v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 03CA0700, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 13, 2005, Decided
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Overview: Nurse's medical chronology qualified as "report" required before medical utilization review (MUR) could take place, and MUR panel's findings that provider's treatments were excessive and inappropriate sufficiently supported change of provider order.

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