Colorado, July, 2005, State Case law

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State Courts - Colorado - July 28 - August 2, 2005

Aller v. Law Office of Carole C. Schriefer, Court of Appeals No.: 04CA0003, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 28, 2005, Decided
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Overview: In suit brought against attorney by former client claiming breach of fiduciary duty, summary judgment was properly granted to the attorney with respect to the claim for emotional distress and other noneconomic damages because such damages were not available in the instant legal malpractice action which was essentially based on claim of negligence.

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Estates in Eagle Ridge, LLLP v. Valley Bank & Trust, Court of Appeals No.: 03CA2270, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 28, 2005, Decided
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Overview: There were no due process concerns where debtors' claim of insufficient notice arose out of their own failure to comply with change of address requirements in deed of trust and thus court did not err in granting summary judgment to bank in its foreclosure proceeding including its application for an order authorizing sale under Colo. R. Civ. P. 120.

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People ex rel. J.L., Court of Appeals No.: 04CA2616, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 28, 2005, Decided
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Overview: Where a mother denied the allegations in the petition and demanded a jury, the trial court erred when it entered a dispositional order in the dependency and neglect proceeding without first holding an adjudicatory hearing and entering an order adjudicating the child dependent and neglected as required by Colo. Rev. Stat. ? 19-3-507(1)(a) (2004).

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People ex rel. M.T., Court of Appeals No.: 05CA0733, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 28, 2005, Decided
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Overview: The termination of the mother's parental rights was proper pursuant to Colo. Rev. Stat. ? 19-3-604(1)(c)(I)(A) (2004) where she was not in reasonable compliance with and had not been successful under the treatment plan. Further, alternative relative placements were not appropriate for the children.

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People v. Hinojos-Mendoza, Court of Appeals No.: 03CA0645, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 28, 2005, Decided
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Overview: Admission of laboratory report on a block of cocaine found in defendant's truck after an informant set up a drug buy did not violate defendant's confrontation right because the report was not "testimonial" and thus the Crawford rule did not require exclusion, and it was admissible under hearsay business record exception in Colo. R. Evid. 803(6).

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People v. Lehnert, Court of Appeals No.: 02CA2186, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 28, 2005, Decided
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Overview: Attempted first degree murder conviction was reversed because there was insufficient evidence to show defendant took a substantial step toward the completion of the offense, when she was arrested before she took any substantial step beyond preparation, as no bomb was fully constructed, nor was a bomb placed in the proximity of the intended victim.

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People v. Lopez, Court of Appeals No.: 03CA0049, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 28, 2005, Decided
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Overview: Defendant's convictions for sexual assault on a child by one in a position of trust and sexual assault on a child as part of a pattern of abuse were proper pursuant to Colo. R. Evid. 404(b) where the detective's testimony about "another victim" was not so inflammatory that the jury could not disregard it.

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People v. Perea, Court of Appeals No.: 03CA1750, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 28, 2005, Decided
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Overview: Conviction of possession of a schedule II controlled substance was affirmed because the appellate court construed Colo. Rev. Stat. ? 18-18-405 (2004) to require only that a person know that he or she possessed a controlled substance and not that he or she know the precise controlled substance possessed.

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Seefried v. Hummel, Court of Appeals No.: 04CA0960, COURT OF APPEALS OF COLORADO, DIVISION A, July 28, 2005, Decided
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Overview: Court had not erred when it held statements which gave rise to two church pastors' claims of, inter alia, breach of contract and defamation were issued within the "constitutionally protected context" of the First Amendment because they had occurred during a church meeting that concerned the investigation, discipline, and discharge of the pastors.

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People v. Carwin, No. 05PDJ020, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 2, 2005, Decided
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