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   State Courts - Colorado - July 1 - July 12, 2004
  
Duncan v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 03CA1616, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 1, 2004, Decided
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Overview: Apportionment of only 25 percent liability for disability benefits to employer was proper, as employee's condition was caused by successive industrial injuries and both injuries contributed to disability and need for additional medical treatment.

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In re Marriage of Ohr, Court of Appeals No. 03CA0726, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 1, 2004, Decided
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Overview: Husband and wife had been married for 22 years. The child was born three years before wife filed for dissolution. Trial court properly found husband was legal father, but it erred in awarding parenting time to purported biological father.

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In the Interest of E.L.M.C., Court of Appeals No. 03CA1121, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 1, 2004, Decided
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Overview: Domestic partner's substantial relationship with child and proof of emotional harm to child if the partner were denied joint parental responsibilities were sufficient compelling reason to interfere with adoptive mother's parenting rights.

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People v. Benzor, Court of Appeals No. 02CA2354, COURT OF APPEALS OF COLORADO, DIVISION A, July 1, 2004, Decided
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Overview: Placement of mental state "knowingly" in jury instruction evidenced legislature's intent to limit culpable mental state only to conduct element of offense. Evidence was sufficient to prove habitual criminal counts.

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People v. Ford, Court of Appeals No. 03CA0343, COURT OF APPEALS OF COLORADO, DIVISION A, July 1, 2004, Decided
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Overview: Counsel did not render ineffective assistance by failing to invoke marital privilege to prevent defendant's wife from testifying against him, because privilege was unavailable due to his being charged with class three felony burglary of a dwelling.

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People v. Marquez, Court of Appeals No. 02CA0204, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 1, 2004, Decided
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Overview: On defendant's appeal from vehicular homicide conviction, judgment was affirmed; evidence was sufficient to show van he drove was stolen, he possessed it without authorization, and he knew he was using a stolen vehicle when he killed the victim.

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People v. Russom, Court of Appeals No. 02CA1920, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 1, 2004, Decided
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Overview: In defendant's trial for distribution of controlled substances and a related gun charge, trial court did not err in allowing jury to replay audiotapes of undercover buy. Warrant was not stale, and entry of defendant's home was constitutional.

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People v. Taylor, Court of Appeals No. 03CA0374, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 1, 2004, Decided
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Overview: A court erred in dismissing the charges against defendant at a preliminary hearing on the ground that the prosecutor was unable to proceed; defendant was not entitled to a preliminary hearing, because he was not in custody for the charges at issue.

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Peterson v. Tadolini, Court of Appeals No. 03CA0271, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 1, 2004, Decided
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Overview: Plaintiff was entitled to a new trial on the issue of damages in her personal injury action against defendant, because the jury's finding that plaintiff suffered actual damages was inconsistent with its award of zero noneconomic damages.

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People v. Woodford, Case Number: 02PDJ107 (consolidated with 03PDJ036), SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 12, 2004, Decided
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Overview: An attorney was disbarred from the practice of law where he committed numerous acts of misconduct involving client funds, neglect of legal matters, and dishonesty.

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