Colorado, July, 2002, State Case law

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State Courts - Colorado - July 11 - July 18, 2002

People v. Coulter, No. 02PDJ020., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 11, 2002, Decided
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Brush Creek Airport, L.L.C. v. Avion Park, L.L.C., Court of Appeals No. 01CA1310, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 18, 2002, Decided
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Overview: Where buyers purchased lot from developers and leased buildings on lot, and dispute arose where developers alleged they retained easement allowing them to build road crossing runway, it was proper to award developers possession of buildings.

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Fisher v. Colo. Dep't of Health Care & Fin. (In re Estate of Faller), Court of Appeals No. 01CA0110, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 18, 2002, Decided
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Overview: Elective-share trust created for incapacitated surviving spouse to maintain income eligibility for Medicaid was improper because elective-share did not dispose of trust remainder and was not authorized by statute for maintaining eligibility.

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In re Marriage of Tonn, Court of Appeals No. 01CA1472, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 18, 2002, Decided
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Overview: In a post-dissolution marriage proceeding, wife's appeal from trial court's denial of her motion to review was dismissed as untimely as time for filing for review was triggered by magistrate's original order, not by magistrate's clarification.

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Jones v. Colo. Dep't of Corr., Court of Appeals No. 01CA1698, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 18, 2002, Decided
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Overview: Trial court did not have jurisdiction to hear inmate's complaint, as the withholding of funds in the inmate's account for restitution obligations was not a disciplinary action or a quasi-judicial or quasi-legislative action of the prison.

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Kroupa v. Indus. Claim Appeals Office, Court of Appeals No. 01CA2088, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 18, 2002, Decided
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Overview: Use of video teleconferencing in workers' compensation case was upheld and opinion of employer's medical expert fully supported the determination that a third arthroscopic surgical procedure was not reasonable or necessary.

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People v. Falls, Court of Appeals No. 00CA2169, COURT OF APPEALS OF COLORADO, DIVISION A, July 18, 2002, Decided
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Overview: Denial of postconviction relief was reversed and matter was remanded for correction of mittimus to reflect discretionary, rather than mandatory, parole. Per specific statute, habitual criminal was subject to discretionary parole.

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People v. Lowe, Court of Appeals No. 01CA1876, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 18, 2002, Decided
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Overview: Because the Colorado Restitution Act facilitated collection from defendant of the court costs, victim compensation cost, and victim assistance surcharge he was ordered to pay at the time of his sentencing, its application to him was authorized.

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People v. Meads, Court of Appeals No. 00CA1864, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 18, 2002, Decided
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Overview: Trial court properly denied defendant's theory of defense instruction where facts did not support defense, and second-degree aggravated motor vehicle theft was not a lesser-included offense of theft; therefore, former conviction did not merge.

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People v. Sullivan, Court of Appeals No. 01CA0121, COURT OF APPEALS OF COLORADO, DIVISION A, July 18, 2002, Decided
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Overview: Evidence established defendant stalked his wife and committed arson by placing her under surveillance, using a global positioning system device placed in her car, and burning her clothes in their backyard.

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