Colorado, June, 2003, State Case law

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State Courts - Colorado - June 23 - June 30, 2003

Campbell v. People, Case No. 02SC454, SUPREME COURT OF COLORADO, June 23, 2003, Decided
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Overview: Defendant's conviction and sentence were proper where the possession statute did not offend equal protection; possession and use of a controlled substance were not identical conduct for equal protection purposes, even when the drugs were the same.

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Franklin Bank, N.A. v. Bowling, Case No. 02SC524, SUPREME COURT OF COLORADO, June 23, 2003, Decided
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Overview: Where a debtor used his first initial and full middle name, the title examiner was on constructive notice of judgment liens filed against his middle name, even though the examiner was searching for recordings against his initial and middle name.

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People v. Mojica-Simental, No. 02SC44, SUPREME COURT OF COLORADO, June 23, 2003, Decided
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Overview: In a DUI case, the state supreme court upheld the constitutionality of a statute allowing criminalistics laboratory reports to be admitted at trial without the testimony of the lab technician.

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Welby Gardens v. Adams County Bd. of Equalization, Case No. 02SC415, SUPREME COURT OF COLORADO, June 23, 2003, Decided
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Overview: Greenhouse properties were not classified as agricultural land for the purpose of property tax valuation, as their products, which were grown in containers and not in the land itself, did not originate from the land's productivity.

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Beach v. Beach, No. 02SC166, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: Colorado law did not permit a mother to partition her life estate interest in real property from her daughter's remainder interest in the same property.

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Busse v. City of Golden, No. 02SA356, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: Citizens' ballot challenge was time-barred, but their challenges to city council's expenditures, as contrary to voter-approved purpose and outside the city's authority, were not political questions and were remanded for resolution.

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City of Boulder v. Leanin' Tree, Inc., No. 01SC797, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: The at-issue transactions for the use of original artwork involved inseparably mixed transactions of tangible and other-than-tangible personal property and did not constitute the sale or use of tangible personal property within a city's tax code.

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Groundwater Appropriators of the S. Platte River Basin, Inc. v. City of Boulder (In re Application for Water Rights), No. 02SA249, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: Water court was not authorized to impose attorney fees as terms and conditions for the voluntary dismissal, with prejudice, of an organization's applications for water rights, which were opposed by the irrigation companies and City of Boulder.

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People v. Martinez, No. 02SC152, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: While the court agreed that the use of accident scenarios to prove mens rea was improper, the evidence was nevertheless admissible as the basis of the state's expert's opinion that a subdural hematoma resulted from massive, violent force.

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People v. Pate, No. 03SA37, SUPREME COURT OF COLORADO, June 30, 2003, Decided
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Overview: Court affirmed the district court's order suppressing drugs and statements obtained following a warrantless entry by police, as the police lacked probable cause to believe that a burglary was in progress or that a crisis or emergency existed.

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