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| Cherry Creek Gun Club, Inc. v. Huddleston, Court of Appeals No.: 04CA1009,
COURT OF APPEALS OF COLORADO, DIVISION A, July 14, 2005, Decided
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Overview: Board of Assessment Appeals (BAA) properly denied a gun club's request for a tax exemption where articles of incorporation and bylaws established club was not "organized exclusively" to foster amateur sports competition pursuant to Colo. Rev. Stat. § 39-3-108(1.3) (2004) where, of club's several purposes, none clearly fostered competitive shooting.
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| People v. Alexander, Court of Appeals No.: 04CA0437,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 14, 2005, Decided
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Overview: Defendant failed to show ineffective assistance of trial or appellate counsel in dry cleaner or leather store robbery cases. Also, he failed to establish justifiable excuse or excusable neglect for his late filing of his Colo. R. Crim. P. 35(c) motion in ice cream store robbery. Thus, his motion was time barred under Colo. Rev. Stat. § 16-5-402(1).
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| People v. Brandon, Court of Appeals No.: 03CA1176,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 14, 2005, Decided
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Overview: In a drug case, a motion to suppress drugs found in a vehicle by a canine should have been granted because, although an initial encounter was an investigatory stop based on speeding, a trooper had no reasonable suspicion for a continued detention. The consent was invalid because it was obtained during an unlawful detention.
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| People v. Fogarty, Court of Appeals No.: 03CA0294,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 14, 2005, Decided
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Overview: As to costs assessed to prisoner, Colo. Rev. Stat. § 24-60-501(V)(h) (2004) of Interstate Agreement on Detainers (IAD) addressed only allocation of costs between states. It did not address the issue whether those costs could then be passed on to a prisoner. IAD did not conflict with, or impliedly repeal, Colo. Rev. Stat. § 18-1.3-701(2)(j) (2004).
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| People v. Hodges, Court of Appeals No.: 03CA0018,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 14, 2005, Decided
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Overview: The vacation of the separate convictions and sentences in counts two and four was appropriate pursuant to Colo. Rev. Stat. §§ 18-18-405(3)(a)(III) and 18-18-407(1)(d) (2004) because both counts referred to sentence enhancers, not substantive offenses.
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| Ray v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA2261,
COURT OF APPEALS OF COLORADO, DIVISION ONE, July 14, 2005, Decided
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Overview: Pursuant to Colo. Rev. Stat. § 8-40-201(19)(b), the amount of the employee's cost of continuing employer's group health insurance plan had to be included to determine the employee's average weekly wage; the statute did not require proof that the employee had actually purchased coverage.
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| Ski Time Square Condo. Ass'n, Inc. v. Ski Time Square Enters., Court of Appeals No.: 04CA0884,
COURT OF APPEALS OF COLORADO, DIVISION A, July 14, 2005, Decided
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Overview: Enforcement of restrictive covenant was affirmed because the "legal dissolution" of the condominium association triggered automatic termination of the restrictive covenants only when, by such dissolution, the association permanently ceased to exist.
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| Sturgeon Elec. v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA1062,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 14, 2005, Decided
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Overview: Order finding workers' compensation and death benefit claims compensable was set aside and remanded because additional facts were needed that bore on whether the hourly premium was in the nature of noncompensable work remuneration or a travel payment that was substantially related to the distance traveled and the actual costs incurred.
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