Colorado, June, 2005, State Case law

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State Courts - Colorado - June 2, 2005

Dillard v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA0680, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 2, 2005, Decided
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Overview: A finding of the claimant's cap on temporary and permanent partial disability payments was proper where Colo. Rev. Stat. ? 8-42-107(7)(b)(III) (2004) precluded the ALJ from combining a claimant's mental impairment rating with the nonscheduled impairment rating to determine the applicable cap under Colo. Rev. Stat. ? 8-42-107.5 (2004).

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Harsh v. Cure Feeders, L.L.C., Court of Appeals No.: 04CA0240, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 2, 2005, Decided
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Overview: Where defendant's trespassing cattle damaged a fertilizer tank on plaintiff's property, the district court erred in dismissing plaintiff's claim for damages arising from the loss of fertilizer and the costs of the cleanup following that loss; the evidence of damages caused by the spill of the fertilizer was undisputed.

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Olson v. Hillside Cmty. Church Sbc, Court of Appeals Nos.: 03CA2000 & 03CA2152, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 2, 2005, Decided
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Overview: District court's conclusion that plaintiffs had failed to prove the existence of a prescriptive easement by a preponderance of the evidence was affirmed because there was evidence in the record from which the district court could and did conclude that plaintiffs' use was not open and notorious.

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People ex rel. C.M., Court of Appeals No.: 04CA1144, COURT OF APPEALS OF COLORADO, DIVISION A, June 2, 2005, Decided
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Overview: Where dependency or neglect proceeding had been pending for over 12 months when department filed motion to award permanent legal custody to child's grandparents as department sought definitive, long-term decision regarding child's permanent placement, the trial court should have applied Colo. Rev. Stat. ? 19-3-702 in resolving the custody issue.

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People v. Adams, Court of Appeals No.: 03CA2198, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 2, 2005, Decided
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Overview: Trial court had authority under Colo. Rev. Stat. ? 18-1.3-301(1)(h) (2004), following defendant's rejection from community corrections, to require a new sentence be served consecutively to the sentence in the other case; limitation to that authority contained in ? 18-1.3-301(1)(e) did not apply because trial court conducted a resentencing hearing.

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People v. Silva, Court of Appeals No.: 04CA0661, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 2, 2005, Decided
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Overview: Inmate's ineffective assistance claims, other than conflict of interest, failed as he had no constitutional or statutory right to postconviction counsel. However, appointment of counsel with conflict of interest could be "factor external to the defense" impeding counsel's efforts; therefore, that claim was cognizable under Colo. R. Crim. P. 35(c).

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People v. Thomas, Court of Appeals No.: 04CA0498, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 2, 2005, Decided
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Overview: Defendant's appeal from the denial of free trial transcripts for the purpose of preparing a Colo. R. Crim. P. 35(c) motion was proper where the order denying the use of transcripts to prepare a Rule 35(c) motion was not a final appealable order under Colo. App. R. 1 because it did not terminate the proceedings.

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White v. Jungbauer, Court of Appeals No.: 04CA0151, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 2, 2005, Decided
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Overview: Summary judgment for defendants in a legal malpractice action was reversed and remanded because defendants had not produced evidence indicating that $ 350,000 was a reasonable settlement value for the client's case, nor had they presented any evidence that their preparation of the client for trial was reasonable.

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