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| People v. Sladek, 06PDJ008,
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 11, 2006, Decided
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| Levine v. Katz, Court of Appeals No.: 04CA2399,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 13, 2006, Decided
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Overview: Based on the facts alleged, the claims asserted, and the relief requested, personal representative's complaint alleged legal malpractice claims, and not probate claims within the meaning of Colo. Rev. Stat. §§ 13-9-103(1) and 15-16-201. Accordingly, district court erred in determining that it lacked subject matter jurisdiction over the case.
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| Levine v. Katz, Court of Appeals No. 05CA0490,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 13, 2006, Decided
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Overview: Based on the facts alleged, the claims asserted, and the relief requested, personal representative's complaint alleged legal malpractice claims, and not probate claims within the meaning of Colo. Rev. Stat. §§ 13-9-103(1) and 15-16-201. Accordingly, probate court had no jurisdiction to dismiss complaint for failure to state a claim.
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| Mapes v. City Council of Walsenburg, Court of Appeals No.: 05CA0104,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 13, 2006, Decided
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Overview: As real estate broker alleged facts in his complaint against seller that, if true, entitled him to a commission under unambiguous terms of an open listing contract with a city, district court erred as matter of law by granting city's motion to dismiss as broker alleged he had procured buyer ready, willing, and able to complete sale on city's terms.
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| Panera Bread, LLC v. Indus. Claim Appeals Office , Court of Appeals No. 05CA1465,
COURT OF APPEALS OF COLORADO, DIVISION ONE, July 13, 2006, Decided
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Overview: Workers' compensation decision that the claimant's injury suffered during horseplay was compensable was affirmed because the claimant's actions did not constitute an extensive or serious deviation from his employment duties and the claimant remained in the designated area to perform them.
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| People v. Shepard, Court of Appeals No.: 04CA1644,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 13, 2006, Decided
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Overview: A motion for postconviction relief from a theft conviction was time barred under Colo. Rev. Stat. § 16-5-402 and Colo. R. Crim. P. 35 on most claims because an original postconviction court did not reinstate a direct appeal when it appointed counsel to review the case instead of reversing based on a violation of his right to counsel on appeal.
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| People v. Starkweather, Court of Appeals No.: 05CA0110,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 13, 2006, Decided
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Overview: Denial of Colo. R. Crim. P. 35(c) motion for postconviction relief was affirmed because the record was sufficient to support the findings that the petitioner's plea agreement was knowingly, voluntarily, and intelligently entered.
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| People v. Walters, Court of Appeals No.: 02CA2419,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 13, 2006, Decided
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Overview: Defendant's right to a fair trial was violated by prosecutorial misconduct, Colo. Const. art. II, § 16, because the prosecutor's assertion that defendant lurked around elementary schools was not only devoid of evidentiary support, it impermissibly implied that defendant possessed a trait of character that reflected a propensity to prey on children.
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| Snowmass Land Co. v. Two Creeks Homeowner's Ass'n, Court of Appeals No.: 05CA0024,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 13, 2006, Decided
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Overview: Because a developer did not file a plat or map to create the common interest community as required by Colo. Rev. Stat. § 38-33.3-201(1) and did not identify any developments rights on its plat associated with a subject parcel, the judgment ruling that the developer had not reserved its rights to withdraw was affirmed.
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