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| Bockstiegel v. Bd. of County Comm'rs, Court of Appeals No. 02CA1727,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 8, 2004, Decided
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Overview: A trial court properly held that a road traversing landowners' property was a public road; because it became a public road by adverse use and not by purchase, dedication, grant, or reservation, no record notice was required to establish the road.
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| Boulder County Apt. Ass'n v. City of Boulder, Court of Appeals No. 03CA0746,
COURT OF APPEALS OF COLORADO, DIVISION ONE, April 8, 2004, Decided
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Overview: Dismissal of apartment association and landlords' action involving zoning provisions of Boulder, Co., Code was proper, where ordinances were authorized by home rule constitutional provision and did not conflict with criminal statutes.
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| Brock v. Weidner, Court of Appeals No. 02CA2519,
COURT OF APPEALS OF COLORADO, DIVISION A, April 8, 2004, Decided
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Overview: Judgment was reversed in part when the trial court abused its discretion in not requiring the homeowners to pay the builders' reasonable costs and attorney fees as the successful parties in the proceeding under the contractual fee-shifting provision.
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| Huang v. County Court, Court of Appeals No. 02CA1501,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 8, 2004, Decided
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Overview: Where a trial court denied the prosecution's request for a continuance to locate a witness and dismissed assault and child abuse charges upon a defense request before the speedy trial period ran, the charges became a nullity and could be refiled.
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| Koca v. Keller , Court of Appeals No. 02CA2498,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 8, 2004, Decided
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Overview: Business proprietor, who had notice that his employee sexually assaulted teenaged girls on business premises, was liable for sexual assault of a child, but he was not liable for three other assaults that did not take place on premises.
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| People ex rel. J.W.T., Court of Appeals No. 03CA0989,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 8, 2004, Decided
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Overview: Dismissal of the charge of unlawful possession of a weapon on school grounds was affirmed when the knife blade was less than three and one-half inches, and the People did not intend to show appellee was using the knife or that he intended to use it.
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| People ex rel. M.C., Court of Appeals No. 02CA1888,
COURT OF APPEALS OF COLORADO, DIVISION ONE, April 8, 2004, Decided
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Overview: Where Texas child-custody proceeding was pending, Colorado court lacked subject matter jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act to hear a dependency and neglect proceeding, except for temporary emergency jurisdiction.
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| People v. Phillips, Court of Appeals No. 02CA1020,
COURT OF APPEALS OF COLORADO, DIVISION TWO, April 8, 2004, Decided
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Overview: The failure to poll one juror was not reversible error, erroneous "make-my-day" defense instruction did not require reversal, as victim's unlawful entry was not shown, and a self-defense instruction was correct. Jury questions were properly answered.
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| People v. Rushdoony, Court of Appeals No. 03CA0490,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 8, 2004, Decided
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Overview: Defendant's conviction for possession of a schedule II controlled substance and possession of drug paraphernalia was proper, where the facts were sufficient to give rise to at least a "minimal level of objective suspicion" involving criminal acts.
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| People v. Summitt, Court of Appeals No. 02CA1483,
COURT OF APPEALS OF COLORADO, DIVISION ONE, April 8, 2004, Decided
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Overview: Defendant's convictions for second-degree kidnapping, second-degree assault, and domestic violence were improper where the admission of the arrest evidence as consciousness of guilt was error.
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