Colorado, May, 2004, State Case law

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State Courts - Colorado - May 6 - May 13, 2004

Bloom v. NCAA, Court of Appeals No. 02CA2302, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 6, 2004, Decided
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Overview: Court did not abuse its discretion in failing to fault National Collegiate Athletic Association for refusing to waive its rules to permit a student to pursue film opportunities while athlete at a university; student was properly denied injunction.

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Egle v. City & County of Denver, Court of Appeals No. 02CA2495, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 6, 2004, Decided
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Overview: The trial court lacked subject matter jurisdiction to hear the landowners' complaints, because they had complete, adequate, and speedy administrative remedies to challenge the agencies' decisions to approve and grant a certificate of occupancy.

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In re Marriage of Green, Court of Appeals No. 02CA2610, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 6, 2004, Decided
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Overview: Trial court erred in ruling that a father's request for retroactive modification of child support was time barred, where there was a voluntary change of physical custody of one of the children.

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In re Marriage of Haddad, Court of Appeals No. 03CA0072, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 6, 2004, Decided
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Overview: District court had subject matter and personal jurisdiction over mother to enter judgment with respect to overpayment of father's child support; district court had to determine an appropriate remedy that protected interests of the children.

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People v. Goldfuss, Court of Appeals No. 02CA1412, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 6, 2004, Decided
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Overview: Third-degree assault statute was not unconstitutional for vagueness, as definition of "bodily injury" included "any impairment of mental condition," as supreme court implicitly approved language in challenge to entire definition of "bodily injury."

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People v. Rawson, Court of Appeals No. 02CA0527, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 6, 2004, Decided
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Overview: On defendant's appeal from assault on peace officer convictions, judgment was reversed and case was remanded for new trial; defendant's purported waiver of right to counsel was invalid.

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Raleigh v. Performance Plumbing & Heating, Court of Appeals No. 02CA1076, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 6, 2004, Decided
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Overview: In a negligent hiring suit, a court erred by failing to grant an employer's motion for JNOV where the jury specifically found that the employee was not acting within the scope of his employment at the time of the accident.

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In re Fischer, Case No. 03SA49, SUPREME COURT OF COLORADO, May 10, 2004, Decided
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Overview: The Hearing Board's disbarment of the attorney was improper, where he recognized his ethical violations and accepted responsibility for the injuries caused to others.

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People v. Albright, Case Number: 03PDJ069, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, May 11, 2004, Decided
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Overview: Attorney, who failed to pay attorney fees from frivolous suit and appeal, was disbarred. She made numerous misrepresentations in bankruptcy court, and she failed to disclose information. She also did not answer disciplinary complaint.

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Globe Indem. Co. v. Travelers Indem. Co., Court of Appeals No.: 01CA2242, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 13, 2004, Decided
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Overview: Summary judgment was proper in favor of insurance companies where homeowners suffered property damage outside of when policy was in effect or homeowners did not seek to recover; companies had duty to defend construction company.

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