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| Brighton Pharm., Inc. v. Colo. State Pharm. Bd., Court of Appeals No. 05CA2358,
COURT OF APPEALS OF COLORADO, DIVISION ONE, April 5, 2007, Announced
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Overview: Because the agency substantially complied with the requirement of providing a statement of basis and purpose, and the regulation of the sale and dispensing of drugs over the Internet did not exceed the agency's statutory authority, Colo. Dep't Reg. Agencies Regs. No. 3.00.21, 3 Colo. Code Regs. § 719-1 did not violate the APA.
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| Hawley v. Mowatt, Court of Appeals No.: 05CA1572,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 5, 2007, Decided
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Overview: In a trespass suit, property owners were properly allowed to present evidence of damages incurred up to the time of trial because the property invasion was a "continuing trespass," which had not been abated as of the time of trial; the trial court's denial of attorney fees needed to be reconsidered under Colo. Rev. Stat. § 13-17-103.
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| In re Marriage of Green, Court of Appeals No.: 05CA2642,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 5, 2007, Decided
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Overview: Agreements executed by the parties were not enforceable under the Colorado Marital Agreement Act, Colo. Rev. Stat. § 14-2-301 et seq. as the parties were not contemplating marriage when the premarital agreement was signed, and the parties were not on equal footing when the second agreement was signed after the divorce proceedings had started.
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| Miller v. Hartford Cas. Ins. Co., Court of Appeals No. 05CA2412,
COURT OF APPEALS OF COLORADO, DIVISION ONE, April 5, 2007, Announced
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Overview: Because a non-owned auto endorsement excepted a long-term leased vehicle that was insured under another automobile liability insurance policy, and a vehicle that was leased to a driver's employer was a long-term lease within the meaning of the insurer's policy, the insurer had no duty to defend the driver or his employer.
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| Olson v. Nugent (In re Estate of Evarts), Court of Appeals No. 05CA2319,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 5, 2007, Decided
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Overview: Petition to vacate an order of intestacy should not have been denied without an evidentiary hearing because there was an issue as to whether one niece received the notice required under Colo. Rev. Stat. § 15-10-401; she was an interested person under Colo. Rev. Stat. § 15-10-201(27), and a failure to receive notice tolled the time period to file.
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| People v. Roberts, Court of Appeals No. 03CA1787,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 5, 2007, Decided
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Overview: Evidence was presented to the jury that defendant obtained or exercised control over two sums of money by deception until he was confronted by his employer and revealed the money was missing, and those sums were never recovered; there was substantial and sufficient evidence to support his sentence under Colo. Rev. Stat. § 18-4-401(1)(b) (2006).
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| People v. Stanley, Court of Appeals No. 04CA2164,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 5, 2007, Decided
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Overview: Defendant sent "notices" that threatened two judges with arrest by a militia, and charged treason, an offense punishable by death; defendant's conviction under Colo. Rev. Stat. § 18-8-306 was upheld because his statements constituted true threats, and the People were not required to prove that defendant subjectively intended to threaten the judges.
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| People v. Valencia, Court of Appeals No. 05CA0572,
COURT OF APPEALS OF COLORADO, DIVISION SIX, April 5, 2007, Decided
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Overview: Defendant's marihuana convictions under Colo. Rev. Stat. § 18-18-406 were upheld because, inter alia, his motion to suppress was properly denied under the Fourth Amendment and Colo. Const. art. II, § 7, double jeopardy principles were not violated when a continuance was granted, and the habitual criminal adjudication was proper.
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| People v. Vieyra, Court of Appeals No. 05CA0958,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 5, 2007, Decided
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Overview: Trial court did not err in failing to remind defendant of how many peremptory challenges he had used, and defendant's counsel did not provide ineffective assistance due to counsel's failure to exercise all peremptory challenges on defendant's behalf. The trial court was affirmed.
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| People v. Welsh, Court of Appeals No. 04CA2581,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 5, 2007, Decided
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Overview: Because defendant's contentions of error regarding jury instructions, prosecutorial misconduct, expert testimony, and hearsay evidence, whether considered singly or cumulatively, did not warrant reversal, district court's judgment of conviction was affirmed. In addition, the district court's ruling on sanity examination evidence was approved.
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