Colorado, August, 2002, State Case law

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State Courts - Colorado - August 15, 2002

Anson v. Trujillo, Court of Appeals No. 01CA0846, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 15, 2002, Decided
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Overview: The purchaser did not have a claim under the Consumer Protection Act because the seller's conduct did not significantly impact the public, and the purchaser could not establish a private right of action under the Act.

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Bainbridge, Inc. v. Douglas County Bd. of Comm'Rs, Court of Appeals No. 01CA1742, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 15, 2002, Decided
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Overview: The trial court erred in upholding the validity of the order awarding costs to the board of commissioners as the order was a nullity, because the judgment had been reversed. The board was entitled to costs after the second trial.

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Eichhorn v. Kelley, Court of Appeals No. 01CA1804, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 15, 2002, Decided
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Overview: Trial court properly determined attorney fees could not be awarded as a punitive sanction in a contempt proceeding because the sanction vindicated the authority and dignity of the court, and did not benefit the interests of a party.

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Fisher v. Colo. Dep't of Corr., Court of Appeals No. 01CA1532, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 15, 2002, Decided
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Overview: DOC's classification of an inmate as a sex offender based on a crime that was not a sex offense and by not affording him a hearing violated his procedural due process rights, and amounted to an abuse of discretion.

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Nichols v. Destefano, Court of Appeals No. 01CA0783, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 15, 2002, Decided
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Overview: Trial court had the authority to review decision of a school district to expel a student for an abuse of discretion, and properly determined it violated her due process rights at her expulsion hearing.

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People v. Clouse, Court of Appeals No. 01CA0725, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 15, 2002, Decided
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Overview: In postconviction action, while defendant's claims of an illegal sentence and newly discovered evidence was time barred, the appellate court could not conclude that excusable neglect did not exist for defendant's allegations of ineffective counsel.

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People v. Cress, Court of Appeals No. 01CA0457, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 15, 2002, Decided
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People v. Munkus, Court of Appeals No. 01CA1385, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 15, 2002, Decided
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Overview: A court did not err by denying defendant's motion for postconviction relief in an aggravated robbery case, where, by pleading guilty, defendant waived his right to challenge the finding that he committed the crime with a deadly weapon.

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People v. Robertson, Court of Appeals No. 01CA0949, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 15, 2002, Decided
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Overview: Trial court properly dismissed charges against defendant where State failed to bring him to trial within 180 days of his request for speedy disposition because although the State withdrew the detainer, the charges were not dismissed.

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People v. Salinas, Court of Appeals No. 01CA0972, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 15, 2002, Decided
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Overview: Defendant's general assertion of excusable neglect in untimely motion attacking the validity of a guilty plea was insufficient to warrant relief, and he was not entitled to an evidentiary hearing on his claim challenging his sentence.

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