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| People v. Griffin, Court of Appeals No. 06CA0784,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 16, 2009, Decided
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Overview: In a murder case, the trial court did not err in admitting evidence of opinions and ideas that she wrote in a notebook pursuant to Colo. R. Evid. 404(b) as a limiting instruction was not required, defendant admitted that she killed her neighbor, and the entries in the notebook were obviously relevant for a legitimate purpose.
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| People v. Owens, Court of Appeals No. 09CA0145,
COURT OF APPEALS OF COLORADO, DIVISION A, April 16, 2009, Decided
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Overview: Defendant's appeal seeking review of portion of judgment convicting him of several lesser felony offenses, which were in addition to two counts of first degree murder for which death sentences were imposed, was dismissed for lack of jurisdiction because under unitary review statute entire appeal could only be considered by Colorado Supreme Court.
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| People v. Robb, Court of Appeals Nos. 04CA2569 & 05CA1327,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 16, 2009, Decided
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Overview: There was sufficient evidence to convict defendant of securities fraud in the course of business, in violation of Colo. Rev. Stat. ¿ 11-51-501(1)(c), because he sold units of children's television programming to investors knowing that cease and desist orders prohibited the sale of such units in various other states.
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| Shyanne Props., LLC v. Torp, Court of Appeals No. 08CA1632,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 16, 2009, Decided
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Overview: Although a trial court could award attorney fees and costs to companies pursuant to Colo. R. Civ. P. 105.1(d) and the spurious lien statutes, Colo. Rev. Stat. ¿¿ 38-35-201 to -204 (2008) because a lis pendens could be a spurious document, the trial court was required to hold an evidentiary hearing to determine the reasonableness of the fees.
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| Simpson v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 07CA1581,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 16, 2009, Decided
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Overview: In a worker's compensation matter, employer was entitled to a credit for amount of overpayment to claimant because Colo. Rev. Stat. ¿ 8-43-303(1) & (2)(a) permitted reopening of an award due to overpayment.
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| State v. Mondragon, Court of Appeals No. 06CA1293,
COURT OF APPEALS OF COLORADO, DIVISION SEVEN, April 16, 2009, Decided
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Overview: Where a defendant's mental disease or defect rendered him incompetent to decide whether or not to exercise his right to testify in his own defense, he was incompetent to stand trial.
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| State v. Rubio, Court of Appeals No. 06CA2014,
COURT OF APPEALS OF COLORADO, DIVISION TWO, April 16, 2009, Decided
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Overview: Defendant knowingly engaged in depraved conduct and was properly convicted of attempted first degree extreme indifference murder, under Colo. Rev. Stat. ¿¿ 18-3-102(1)(d), 18-2-101(1), because he fired an assault rifle at an empty car, spraying firepower around a neighborhood because two girls in a nearby residence were injured by a stray bullet.
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| Turney v. Civil Serv. Comm'n, Court of Appeals No. 08CA0215,
COURT OF APPEALS OF COLORADO, DIVISION TWO, April 16, 2009, Decided
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Overview: From a police officer's challenge to his suspension after a fatal shooting, a police department's operations manual provision requiring officers to use the highest standard of efficiency and safety survived a vagueness challenge as this standard could have been applied to evaluate the reasonableness of officers' actions in light of their training.
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