Colorado, May, 2002, State Case law

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State Courts - Colorado - May 9, 2002

Archer v. Farmer Bros. Co., Court of Appeals No. 00CA1856, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 9, 2002, Decided
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Overview: Where employer sent supervisors to employee's home to terminate him after 22 years of service, knowing that employee was bedridden from an apparent heart attack, employee's outrageous conduct claim did not fall under workers' compensation act.

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Cinamerica Theatres, L.P. v. City of Boulder, Court of Appeals No. 01CA0374, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 9, 2002, Decided
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Overview: City admissions tax was not unconstitutional as applied to movie theatres, and applicable standard was intermediate scrutiny test, as tax was imposed on diverse group of activities, and did not suppress expression of particular ideas.

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Home Depot USA, Inc. v. Pueblo County Bd. of Comm'rs, Court of Appeals No. 00CA2328, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 9, 2002, Decided
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Overview: County properly classified store's taxable personal property under a cost approach analysis where there was a lack of comparable sales data or information on the source and year of manufacturer of machinery and pneumatic and sensormatic systems.

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Leming v. Indus. Claim Appeals Office, Court of Appeals No. 01CA0865, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 9, 2002, Decided
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Overview: Workers' compensation panel erred in determining a claimant was not entitled to disability benefits for an occupational disease, where such consideration was premature, as there was no onset of disability or work impairment from the disease.

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Livingston v. U.S. Bank, N.A., Court of Appeals No. 01CA0605, COURT OF APPEALS OF COLORADO, DIVISION A, May 9, 2002, Decided
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Overview: Where individual issues predominated over common issues, the trial court did not err in denying class certification of lawsuit alleging transmission of unsolicited fax advertisements.

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People ex rel. E.S., Court of Appeals No. 01CA0334, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 9, 2002, Decided
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Overview: In a dependency case, trial court did not err in restricting stepfather's participation in the adjudicatory trial or in refusing to allow mother's expert witness to interview the child.

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People v. Belgard, Court of Appeals No. 01CA0330, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 9, 2002, Decided
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Overview: Statute allowing trial court to modify an otherwise mandatory crime of violence sentence clearly indicated legislature only intended to authorize one sentence reduction by a court in exceptional, unusual, and extenuating circumstances.

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People v. Brown, Court of Appeals No. 00CA0821, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 9, 2002, Decided
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Overview: Prosecution failed to prove requisite elements of two sexual child-pattern offenses, because with respect to count one, the prosecution failed to prove that defendant committed an incident of sexual assault that preceded the predicate act.

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People v. Campbell, Court of Appeals No. 01CA0446, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 9, 2002, Decided
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Overview: Defendant's assertion that he should have been charged only with drug use, not also with possession was not supported; statutes did not violate equal protection. Defendant understood terms of guilty plea. Sentence was not disproportionate.

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People v. Coit, Court of Appeals No. 01CA0765, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 9, 2002, Decided
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Overview: Right of accused to compulsory process to secure attendance of witness had to give way to witness's privilege not to give self-incriminating testimony, and it did not violate defendant's right to compulsory process, fair trial, or due process.

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