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| Alexander v. McClellan, Court of Appeals No. 01CA1063,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 5, 2002, Decided
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Overview: Trial court properly declared street had been established as public roadway without requiring showing that public's use as road had been its only use and that the street had not been abandoned by county commission's vacation resolution.
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| Club Telluride Owners Ass'n v. Mitchell, Court of Appeals No. 01CA0594,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 5, 2002, Decided
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Overview: Trial court erred by granting homeowners' association summary judgment in suit to collect unpaid association dues and to foreclose its assessment lien where association was rendered primary obligor of unpaid assessments under purchase contract.
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| Equitex, Inc. v. Ungar, Court of Appeals No. 01CA1253,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 5, 2002, Decided
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Overview: Where a corporation and its chairman filed a declaratory judgment action against their agent, who sought indemnification in an underlying action, the jury's finding that the agent acted wrongfully and intentionally precluded an indemnity remedy.
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| Gergel v. High View Homes, L.L.C., Court of Appeals No. 01CA1321,
COURT OF APPEALS OF COLORADO, DIVISION ONE, July 5, 2002, Decided
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Overview: Appellate court did not have jurisdiction to consider appeal from trial court order compelling arbitration of construction defect claim, as the order was interlocutory, or to address denial of motion to file a supplemental complaint.
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| People v. Apodaca, Court of Appeals No. 00CA1789,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 5, 2002, Decided
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Overview: Where a sex offender was also convicted as an habitual criminal, a sentence must be imposed for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of life.
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| People v. Felgar, Court of Appeals No. 00CA1760,
COURT OF APPEALS OF COLORADO, DIVISION THREE, July 5, 2002, Decided
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Overview: The evidence raised a question of fact as to defendant's knowledge, which should have been submitted to the jury. The jury instruction violated due process by shifting the burden of producing evidence on an essential element of the crime.
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| People v. Trujillo, Court of Appeals No. 01CA0547,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 5, 2002, Decided
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Overview: Jury instructions on lesser nonincluded offenses of resisting arrest and reckless endangerment in defendant's trial on charges of first degree assault were not barred by double jeopardy and failure to instruct the jury violated due process rights.
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| People v. Rishel, Case Number: 01PDJ051 (consolidated with 01PDJ064),
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 8, 2002, Decided
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Overview: Disbarment was the appropriate sanction for an attorney who knowingly converted funds belonging to third parties who pooled funds to purchase Colorado Rockies baseball team season tickets.
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| People v. Hutchinson, No. 02PDJ050.,
SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 9, 2002, Decided
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