Colorado, May, 2005, State Case law

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State Courts - Colorado - May 5, 2005

People v. Schupper, Court of Appeals No.: 03CA1554, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 5, 2005, Decided
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Overview: In a theft case, a successor judge erred in vacating the judgment and sentence and granting defendant a new trial as the same circumstances that led the trial judge to recuse himself from defendant's other cases pursuant to Colo. Code Jud. Conduct 3(C)(1) did not exist before the commencement of trial in the instant case.

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Sniezek v. Colo. Dep't of Revenue, Court of Appeals No.: 03CA2116, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 5, 2005, Decided
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Overview: Court did not err in determining that "Ad-Tab" machines, which dispensed tickets that contained a coupon on one side and a cash prize game on the other, were illegal gambling devices under the Colorado Liquor Code, Colo. Rev. Stat. ? 12-47-901(5) (2004), because the machines were designed to promote the sale of the "win cash" feature of the Ad-Tab.

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Welsch v. Smith, Court of Appeals No.: 04CA0106, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 5, 2005, Decided
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Overview: Defendant's adverse possession claim under Colo. Rev. Stat. ? 38-41-101(1) (2004) was improperly denied because it appeared that a presumption of adversity arose under the circumstances, but the trial court failed to consider certain factors; a prescriptive easement was not warranted given the permissive use of the road.

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