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| Berenergy Corp. v. Zab, Inc., Court of Appeals Nos. 02CA0009 & 02CA1872,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 3, 2004, Decided
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Overview: Trial court erred in dismissing plaintiff's declaratory action regarding its rights under an oral contract, as, although a statute detailed situations where such actions could be brought, it did not limit general powers granted by other statutes.
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| DOT v. Auslaender, Court of Appeals No. 03CA0152,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 3, 2004, Decided
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Overview: Where trial court had declined to find the CDOT in contempt of an eminent domain stipulated order regarding landowner's snow storage rights and there was no threatened or impending violation, trial court erred in prematurely issuing an injunction.
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| People v. Brown, Court of Appeals No. 02CA2395,
COURT OF APPEALS OF COLORADO, DIVISION TWO, June 3, 2004, Decided
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Overview: Defendant's convictions for possession of an illegal weapon and possession of a weapon by a previous offender were improper, because the offenses merged.
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| People v. Carlson, Court of Appeals No. 02CA1830,
COURT OF APPEALS OF COLORADO, DIVISION A, June 3, 2004, Decided
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Overview: Defendant's conviction for driving under the influence was properly vacated because it merged with his conviction for aggravated driving after revocation prohibited as charged and instructed in his case.
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| People v. Nitz, Court of Appeals No. 02CA2228,
COURT OF APPEALS OF COLORADO, DIVISION A, June 3, 2004, Decided
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Overview: Fifteen-month sentence was affirmed because the Colorado General Assembly had the authority to determine that possession of marihuana in a detention facility was a more egregious offense if committed by a convicted felon.
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| Podboy v. FOP, Court of Appeals No. 03CA0862,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 3, 2004, Decided
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Overview: Trial court properly found that labor organization that represented public employees was not entitled to tort immunity under CGIA, where it was not a public entity and the organization's officers were not acting in scope of their public employment.
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| Whalen v. Shepler, Court of Appeals No. 03CA0509,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 3, 2004, Decided
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Overview: At time intervenors moved to intervene, the lis pendens gave them notice of plaintiff's claim to a constructive trust and defendant's alleged fraud. Thus, court erred in giving intervenors priority over plaintiff based on their senior judgment liens.
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| People v. Smith, Case Number: 03PDJ073,
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 4, 2004, Decided
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Overview: Attorney was suspended from the practice of law and ordered to pay the costs of disciplinary proceedings and restitution, as he failed to respond and abandoned his client by neglecting the probate and tax matters entrusted to him.
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