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   State Courts - Colorado - March 28 - March 30, 2005
  
Argus Real Estate, Inc. v. E-470 Pub. Highway Auth., Case No. 04SC100, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: In absence of clear intent to abrogate the common law doctrine of res judicata, a section of the Colorado Statutory Rule Against Perpetuities Act did not provide an exception to res judicata such that a company could raise its statutory reformation claim in a subsequent judicial proceeding when the claim could have been raised in a previous action.

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Auman v. People , Case No. 02SC885, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: As trial court improperly instructed jury and evidence of the burglary was not overwhelming, defendant's second degree burglary conviction, Colo. Rev. Stat. ? 18-4-203(1) (1998), was reversed. Since her underlying felony conviction for burglary was reversed, her felony murder conviction, Colo. Rev. Stat. ? 18-3-102(1)(b) (1999), was also reversed.

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E. Cherry Creek Valley Water & Sanitation Dist. v. Rangeview Metro. Dist., Case No. 04SA6, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: In the metropolitan district's action seeking to be relieved of conditions imposed in a prior water decree, the water court properly authorized the district to construct additional wells as necessary as the State was not required to make a threshold showing of a non-speculative, beneficial use under Colo. Rev. Stat. ? 37-90-137 (2004).

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Envirotest Sys. v. Colo. Dep't of Revenue, Case No. 04SA376, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: Hearing officer's order, denying the issuance of certain requested subpoenas, was not a final agency action for purposes of judicial review under Colo. Rev. Stat. ? 24-4-106(2) (2004). The order also did not meet the requirements of the finality exception of Colo. Rev. Stat. ? 24-4-106(8) (2004) because the company did not show irreparable injury.

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People v. Harlan, Case No. 03SA173, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: A death sentence was overturned and life in prison without parole was imposed because jurors improperly considered Bible verses during deliberations in the sentencing phase of the trial; the court was permitted to consider certain evidence under Colo. R. Evid. 606(b) in order to ascertain whether defendant was prejudiced.

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People v. Turner, Case No. 04SA178, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: Even a broad outline of the assistance that a domestic violence agency provided to a defendant's girlfriend was protected by the Colorado statutory victim-advocate privilege; and the trial court accordingly erred in compelling a domestic violence agency to provide that outline in the course of defendant's domestic violence trial.

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Wash. County Bd. of Equalization v. Petron Dev. Co., Case No. 03SC787, SUPREME COURT OF COLORADO, March 28, 2005, Decided
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Overview: In tax dispute, county board of equalization erred in denying oil company's request for deduction of processing costs at leasehold site because legislature, pursuant to Colo. Const. art. X, ? 3(1)(b) and Colo. Rev. Stat. ? 39-7-101(1)(d) (2004), intended for tax assessment to be based on selling price at wellhead, where extracted material emerged.

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Highlands Ranch Univ. Park, LLC v. UNO of Highlands Ranch, Inc., CASE NO. 05SC187, SUPREME COURT OF COLORADO, March 30, 2005, Decided
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