Colorado, April, 2005, State Case law

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State Courts - Colorado - April 12 - April 19, 2005

People v. Spalsbury, Case No. 04PDJ080, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 12, 2005, Decided
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Overview: The attorney's suspension from the practice of law was appropriate where he failed to pay court-ordered child support and where there was evidence that he acted willfully in violation of Colo. R. Prof. Conduct 3.4(c).

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People v. Rider, 04PDJ077, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 13, 2005, Decided
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Overview: Attorney was disbarred where he committed misconduct, Colo. R. Prof. Conduct 8.4, by knowingly misappropriating $ 148,000 from the estate of an ill and elderly woman, over eight years, and while acting as her conservator.

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People v. Rider, 04PDJ077, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 13, 2005, Decided
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Keller v. Koca, Case No. 04SC304, SUPREME COURT OF COLORADO, April 18, 2005, Decided
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Overview: In a negligent supervision claim, employer did not owe a duty to a girl who was sexually assaulted at business because employer's knowledge of the risk was not linked to the harm. Although the employer knew there was a history of sexual behavior directed at employees, plaintiff was not an employee and the assault occurred when business was closed.

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People v. Canister, Case No. 03SA170, SUPREME COURT OF COLORADO, April 18, 2005, Decided
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Overview: A Colorado statute that only applied to two individuals and allowed for the imposition of the death penalty without a jury trial was found unconstitutional on the grounds that it contravened the Colorado Constitution's prohibition on special legislation.

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People v. Hagos, No. 03SA271, SUPREME COURT OF COLORADO, April 18, 2005, Decided
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Overview: In a capital murder case, district court did not err in granting defendant's motion for a life sentence because legislature's enactment of Colo. Rev. Stat. ? 18-1.4-102(1)(e) (2002) was an unconstitutional violation of Colo. Const. art. V, ? 25; statute pertaining to sentencing was only applicable to this defendant and one other defendant.

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People v. Madden, Case No. 03SC771, SUPREME COURT OF COLORADO, April 18, 2005, Decided
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Overview: Description of attempted third degree sexual assault, Colo. Rev. Stat. ? 18-2-101; 18-3-404(1.5), provided by information was sufficient to allow defendant to prepare a defense against offense as described in jury instructions. There was no evidence of payment in exchange for sex to support conviction for attempted patronizing a prostituted child.

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People v. Smith, No. 04PDJ095, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 19, 2005, Decided
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