Colorado, March, 2009, State Case law

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State Courts - Colorado - March 5, 2009

People v. Chavarria-Sanchez, Court of Appeals No. 08CA0241, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 5, 2009, Decided
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Overview: District court ordered surety to forfeit bond posted on behalf of a defendant, who failed to appear because he had been deported. Surety argued that she should only forfeit amount of fees collected from defendant. Surety was not entitled to relief because Colo. Rev. Stat. ? 16-3-503(1)(c) did not apply retroactively.

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People v. McDowell, Court of Appeals No. 07CA1358, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 5, 2009, Decided
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Overview: Inmate's Colo. R. Crim. P. 35 postconviction motion alleged outrageous government conduct, in that his confession was coerced. As this claim had been unsuccessfully raised on direct appeal, albeit in the guise of allegations that his statements were involuntary and were obtained in violation of Miranda, it was procedurally barred.

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People v. Montes-Rodriguez, Court of Appeals No. 07CA0578, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 5, 2009, Decided
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Overview: By using victim's Social Security number to obtain loan, defendant knowingly assumed fictitious capacity, and impliedly asserted his fitness to repay loan. As he furnished false information to obtain a benefit he could not otherwise have obtained, evidence was sufficient to convict him of criminal impersonation (Colo. Rev. Stat. ? 18-5-113(1)(e)).

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Silver v. Colo. Cas. Ins. Co., Court of Appeals No. 07CA2216, COURT OF APPEALS OF COLORADO, DIVISION SEVEN, March 5, 2009, Decided
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Overview: Homeowner waived the right to argue that an insurance company did not meet Colo. R. Civ. P. 9(b) requirements regarding a rescission defense; the company was improperly granted summary judgment because issues existed as to whether the homeowner told the agent one thing but the agent put down another and whether the company was on inquiry notice.

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