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| People v. Rivas, Court of Appeals No. 00CA1948,
COURT OF APPEALS OF COLORADO, DIVISION ONE, August 14, 2003, Decided
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Overview: Jury instructions as a whole were proper, no plain error was shown in a testimonial reference to defendant's gang affiliation or the prosecution's closing argument, and counsel's failure to contact an alleged eyewitness was not prejudicial.
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| People v. Roth, Court of Appeals No. 02CA0160,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 14, 2003, Decided
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Overview: Motorist whose car was searched based upon the abandonment of drug paraphernalia before a faux narcotics checkpoint did not violate his Fourth Amendment rights, and the littering offense gave officers probable cause to stop the vehicle.
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| Scott v. Scott (In re Estate of Scott), Court of Appeals No. 02CA0820,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 14, 2003, Decided
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Overview: As the probate court found that a trustee breached his fiduciary duties by misleading the IRS, by failing to submit accountings, and by making suspect distributions to himself, probate court properly enjoined him from removing assets from the trust.
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| Smith v. Vincent, Court of Appeals No. 02CA1650,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 14, 2003, Decided
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Overview: Solatium award was affirmed, as, under Colorado's solatium statute, the award was not subject to reduction by the amount the father received from an insurance settlement, as it was intended as an ultimate award, not subject to further reduction.
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| Stevens v. Mannix, Court of Appeals No. 02CA1809,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 14, 2003, Decided
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Overview: Summary judgment was reversed and remanded because the cross-easement agreement reflected an unequivocal intent to create ingress and egress easements over and across such portions of the property designated on the site plan.
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| Sulca v. Allstate Ins. Co., Court of Appeals No. 02CA0511,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 14, 2003, Decided
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Overview: Insured was in 1996 accident, and at-fault driver told insured "at scene" that he was uninsured. Insured had "three years" to bring his uninsured motorist claim and could not add the two-year period in applicable statute based on lack of knowledge.
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| Vandever v. Emery (In re Estate of Loflin), Court of Appeals No. 02CA1475,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 14, 2003, Decided
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Overview: Where joint and mutual will was executed in Kansas, husband died, and wife moved to Colorado and revoked the prior will, effectively divesting husband's heirs, Kansas law applied. Will met criteria for contract will, and prevailed over Colorado will.
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| Whitham Farms, LLC v. City of Longmont, Court of Appeals No. 02CA1160,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 14, 2003, Decided
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Overview: Pooling of one oil and gas lease with another negated the lessee's implied duty of reasonable development, as marginal production from a single well could be sufficient to hold an entire unit and to fulfill implied covenants as to unitized area.
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| Wilson v. Indus. Claim Appeals Office, Court of Appeals No. 02CA2140,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 14, 2003, Decided
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Overview: Substantial evidence supported the ALJs determination that claimant failed to overcome division-sponsored independent medical examination physician's rating, primarily with respect to lumbar spine. Proper methodology for lumbar flexion was shown.
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