Colorado, July, 2003, State Case law

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State Courts - Colorado - July 3, 2003

Brekke v. State Farm Mut. Auto. Ins. Co., Court of Appeals No. 02CA0582, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 3, 2003, Decided
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Overview: The finding in favor of the insured was proper where the insurer, having participated in a contested hearing on damages, had no further right to a jury trial on the issue of damages once default was entered in favor of the insured.

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Bryan v. Neet, Court of Appeals No. 02CA1386, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 3, 2003, Decided
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DOT v. Stapleton, Court of Appeals No. 02CA1586, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 3, 2003, Decided
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Overview: A finding against the property owner in a condemnation action was improper, where the county and State did not have the legal authority to condemn for parking and transit facilities.

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Miller v. Dep't of Health Care Policy & Fin., Court of Appeals No. 02CA1382, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 3, 2003, Decided
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Overview: The termination of the receiver's Home Care Allowance benefits was proper where the Aid to the Needy Disabled (AND) standard applied because his case was changed to AND when he lost his Supplemental Security Income benefits.

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People v. Bauer, Court of Appeals No. 02CA0600, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 3, 2003, Decided
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Overview: Defendant's conduct in continuing to represent himself as attorney and performing legal work when he was aware he had no valid license to do so amounted to assumption of a false or fictitious capacity for purposes of criminal impersonation statute.

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People v. Gilmore, Court of Appeals No. 01CA0120, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 3, 2003, Decided
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Overview: Defendant was convicted of possession of a controlled substance, and possession with intent to distribute. The conviction of both offenses constituted double jeopardy. The appellate court dismissed the People's appeal of the sentence reduction.

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People v. Quintano, Court of Appeals No. 00CA2196, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 3, 2003, Decided
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Overview: Defendant was convicted of sexual assault on a child. Trial court did not err in denying a request for a bill of particulars. Trial court should have required the prosecution to elect which incident related to each charge. The error was harmless.

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People v. Stovall, Court of Appeals No. 02CA1340, COURT OF APPEALS OF COLORADO, DIVISION A, July 3, 2003, Decided
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Overview: The trial court abused its discretion in denying restitution by failing to follow "the clear mandates" of the restitution statute; restitution could be denied only after a finding that the victim did not suffer a pecuniary loss.

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People v. Yascavage, Court of Appeals No. 01CA1437, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 3, 2003, Decided
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Overview: Defendant knew victim obtained a restraining order against him, and evidence showed he called victim numerous times, stating that he would never stop trying to resume the relationship. Evidence was sufficient for harassment-stalking conviction.

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Schempp v. Lucre Mgmt. Group, LLC, Court of Appeals No. 02CA0731, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 3, 2003, Decided
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Overview: Sufficient evidence existed to support the trial court's findings that the debtor's sale of office condominium units to the management group was not a fraudulent transfer to the detriment of the creditor, who held a judgment against the debtor.

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