Colorado, February, 2003, State Case law

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State Courts - Colorado - February 13, 2003

East Meadows Co. v. Greeley Irrigation Co., Court of Appeals No. 02CA0478, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: Summary judgment was improperly granted to the irrigation company. While the company had a statutory duty to maintain the ditch and trash racks, it was disputed whether the property owner assumed the duty to maintain the improvements.

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Green v. Nadeau, Court of Appeals No. 02CA0212, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 13, 2003, Decided
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Overview: Inmate subject to administrative segregation failed to show a deprivation of his constitutional rights due to prison conditions. The inmate had no constitutional right to contact visits, unlimited phone calls, or outdoor exercise.

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In re 2000-2001 Dist. Grand Jury in & for the First Judicial Dist. (city of Blackhawk), Court of Appeals No. 00CA2081, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 13, 2003, Decided
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Overview: In action challenging trial court's decision permitting grand jury to release a report of investigation into allegations that city officials violated elections laws, appellate court upheld trial court's judgment denying city's motion to quash report.

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In re Marriage of Lewis, Court of Appeals No. 01CA0013, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: Trial court erred by joining a wife's claims against her husband for repayment of principal and interest on two promissory notes with the wife's action seeking dissolution of the parties' marriage.

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In re Marriage of Mugge, Court of Appeals No. 01CA2159, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: Money which a father received from his employer under a voluntary enhanced retirement program and rolled over into another qualified retirement plan did not qualify as "gross income" under the child support guidelines.

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Jeffries v. Fisher, Court of Appeals No. 01CA2069, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 13, 2003, Decided
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Overview: Where driver did not file his petition for review within 30 days of the agency's driver's license revocation order as required by statute, the district court lacked jurisdiction to review the agency's order.

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Longmont Toyota, Inc. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA0441, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: Claimant was permanently barred from receipt of temporary total disability workers' compensation benefits where he voluntarily separated from the employment where the injury occurred for causes unrelated to the industrial injury.

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People v. Carlson, Court of Appeals No. 01CA1125, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: Defendant's conviction for theft by deception was proper where his indictment was not defective because it tracked the language of the relevant statute and provided the details required to be included in the indictment.

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People v. Phong Le, Court of Appeals No. 01CA1303, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 13, 2003, Decided
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Overview: The sentencing court's consideration of defendant's role in the crimes that later led to the murders was not tantamount to punishing him for crimes for which he was acquitted. The sentences for solicitation and conspiracy had to be concurrent.

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People v. Roadcap, Court of Appeals No. 01CA0205, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 13, 2003, Decided
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Overview: The mental condition statute applied to defendant, as expert testimony related to defendant's mental condition. The jury was properly instructed on the initial aggressor exception to self-defense, as defendant initiated the fight.

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