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| Dicke v. Mabin, Court of Appeals No. 02CA1897,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 15, 2004, Decided
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Overview: Plaintiffs' failure to comply with statutory requirement to wait 90 days to file suit after defendant governmental employees were given notice of the claims was not a jurisdictional defect requiring dismissal of plaintiffs' suit.
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| Harding v. Heritage Health Prods. Co., Court of Appeals No. 03CA0864,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 15, 2004, Decided
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Overview: Summary judgment was properly awarded to a corporation in shareholder's action disputing the amendment of bylaws and election of directors; under Colorado law, either the board of directors or the shareholders could determine the number of directors.
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| In re Marriage of Dauwe, Court of Appeals No. 03CA1756,
COURT OF APPEALS OF COLORADO, DIVISION A, July 15, 2004, Decided
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Overview: The trial court erred in ordering the clerk of court to execute the documents needed to modify the terms of the mortgage on the marital home, where the husband was not ordered to comply with the wife's request that he execute the documents.
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| People ex rel. L.A.C., Court of Appeals No. 03CA1012,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 15, 2004, Decided
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Overview: An order terminating a mother's parental rights to her children was upheld because record supported the finding that the mother was unfit and that her conduct or condition was unlikely to change within a reasonable time to meet the children's needs.
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| People v. Edwards, Court of Appeals No. 02CA2487,
COURT OF APPEALS OF COLORADO, DIVISION A, July 15, 2004, Decided
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Overview: In a trial, admission of a nontestifying victim's statements to an officer, a doctor, and a nurse, that the inmate beat her and forced her to smoke cocaine, were admissible as hearsay exceptions. The inmate's confrontation rights were not violated.
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| People v. Trujillo, Court of Appeals No. 01CA0547,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 15, 2004, Decided
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Overview: Trial court erred by requiring public defender to deposit costs before conducting an in camera review of subpoenaed police internal affairs materials to determine if any were discoverable; costs should be assessed for discoverable materials only.
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| People v. Valencia-Alvarez, Court of Appeals No. 02CA0593,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 15, 2004, Decided
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Overview: Because evidence that defendant provided did not address critical issue of whether officer could have stopped a similarly situated Caucasian but did not, defendant failed to meet showing of discriminatory effect; defendant's convictions were upheld.
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| People v. Williams, Court of Appeals No. 02CA2490,
COURT OF APPEALS OF COLORADO, DIVISION A, July 15, 2004, Decided
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Overview: Defendant, who waived his right against self-incrimination and chose to testify in a drug case, was not entitled to an instruction on his right not to testify or fact that no inference of guilt could arise from the exercise of that right.
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| People v. Bryant, Case No. 04SA200,
SUPREME COURT OF COLORADO, July 19, 2004, Decided
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Overview: In a high profile sexual assault case, the Colorado Supreme Court upheld a district court order preventing the release of transcripts of in camera proceedings involving rape shield evidence; the order was a constitutional form of prior restraint.
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