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| 1st Choice Bank v. Fisher Mech. Contrs., Inc., No. 99CA0840,
COURT OF APPEALS OF COLORADO, DIVISION ONE, May 11, 2000, Decided
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Overview: Defendants' mechanics' liens not entitled to priority over deeds of trust held by plaintiff, because deeds were for purpose of providing funds for construction of a home, and defendants had constructive notice of the deeds.
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| Bengtson v. USAA Prop. & Cas. Ins., No. 99CA0163,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 11, 2000, Decided
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Overview: Defendant insurance company's liability to plaintiff was zero, as defendant was entitled to offset the entire payment made to plaintiff by another insurance company following defendant's husband's death in an auto accident.
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| Bodelson v. Denver Publ. Co., No. 99CA1312, No. 99CA1314,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 11, 2000, Decided
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Overview: Disclosure of Columbine victims' autopsy reports could be restricted as release would cause substantial injury to public interest; perpetrator's parents had standing, so trial court had jurisdiction to seal his autopsy report.
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| Faulkner v. Industrial Claim Appeals Office, No. 99CA1136,
COURT OF APPEALS OF COLORADO, DIVISION ONE, May 11, 2000, Decided
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Overview: Absent challenge to physician's opinion of impairment, only preponderance of evidence, rather than clear and convincing evidence, was required to show causation of workers' compensation claimant's injuries.
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| Higgins v. Owens, No. 98CA2346,
COURT OF APPEALS OF COLORADO, DIVISION A, May 11, 2000, Decided
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Overview: District court did not have subject matter jurisdiction to compel the Commission on Judicial Discipline or the governor to investigate a complaint alleging judicial misconduct.
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| Kratzer v. Colorado Intergovernmental Risk Share Agency, No. 99CA1471,
COURT OF APPEALS OF COLORADO, DIVISION THREE, May 11, 2000, Decided
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Overview: Plaintiff's state law claims under Colorado Governmental Immunity Act for extreme and outrageous conduct were dismissed because of failure to serve notice of claim; federal claims failed because they were not race-based.
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| Large v. Bell (In re Estate of Bell), No. 99CA1065,
COURT OF APPEALS OF COLORADO, DIVISION THREE, May 11, 2000, Decided
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Overview: Appellants were not barred from litigating their right to the property under the will because the issue of the validity of the will was not, or could it have been, previously litigated.
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| Lobato v. Taylor, No. 98CA1442,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 11, 2000, Decided
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Overview: Dismissal of plaintiffs' action seeking rights to use defendants' property for various purposes was affirmed. Document of property grantee did not contain language required to pass rights to original inhabitants' successors.
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| People v. Close, No. 97CA1863,
COURT OF APPEALS OF COLORADO, DIVISION THREE, May 11, 2000, Decided
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Overview: Because pattern complicity instruction adequately advised jury of requisite dual mental state requirements to convict under complicity theory, instruction did not unconstitutionally lessen the prosecution's burden of proof.
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| People v. Gholston, No. 98CA0952,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 11, 2000, Decided
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Overview: Convictions of sex assault on a child as part of a pattern of sex abuse, by one in a position of trust, and second degree sex assault were affirmed in part, but reversed in part due to double jeopardy and ex post facto law prohibitions.
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