Colorado, September, 2006, State Case law

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State Courts - Colorado - September 7, 2006

People v. Kiesewetter, Case Number: 99PDJ116, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 7, 2006, Decided
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Overview: Colorado attorney, who was disbarred in Pennsylvania for violating Pa. R. Prof. Conduct 8.4(c) for defrauding his sisters and nephews of family assets and misappropriating such entrusted funds, which exceeded $ 2.4 million, did not challenge the Pennsylvania order and was reciprocally disbarred in Colorado pursuant to Colo. R. Civ. P. 251.21(e).

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People v. MacLeod, Court of Appeals No. 05CA1586, COURT OF APPEALS OF COLORADO, DIVISION SIX, September 7, 2006, Decided
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Overview: Ruling that allowed defense counsel to comment and question the alleged victim and her mother about conversation with the daughter concerning the mother's sexual molestation was not contrary to the rape shield statute, Colo. Rev. Stat. ? 18-3-407, because the questioning was relevant to the defense and details about the incident were not elicited.

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People v. Reynolds, Court of Appeals No. 04CA1053, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 7, 2006, Decided
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Overview: Defendant was denied the right afforded under Colo. Crim. P. 24(d)(1) to additional peremptory jury challenges in cases where a class one felony was charged because Colo. R. Crim. P. 24(d)(1), defined "capital case" and could be given effect without producing a result irreconcilable with Colo. Rev. Stat. ? 16-10-104.

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People v. Wheeler, Case Number: 06PDJ033, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 7, 2006, Decided
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Overview: Attorney who was disbarred in California for his failure to comply with Cal. Rules of Court, rule 955(c) and Cal. Bus. & Prof. Code ? 6103, was reciprocally disbarred in Colorado under Colo. R. Prof. Conduct 8.5?and Colo. R. Civ. P. 251.21, for violating Colo. R. Prof. Conduct 3.4(c) by knowingly disobeying obligation under rules of a tribunal.

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Plaza del Lago Townhomes Ass'n v. Highwood Builders, LLC, Court of Appeals No. 05CA0607, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 7, 2006, Decided
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Overview: In dispute between homeowners association (HOA) and property owner over lien, trial court did not err in entering a default judgment under Colo. R. Civ. P. 55 because neither owner nor counsel made appearance before trial court; however, more determinations were needed as to whether owner and counsel were laboring under honest mistake.

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Reiff v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 05CA0083, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 7, 2006, Decided
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Overview: In determining claimant's continued eligibility for Medicaid Home-and Community-Based Services benefits under Colo. Rev. Stat. ? 26-4-606, the Health Care Department erred by reversing ALJ's decision because ALJ could consider testimony introduced at the hearing about claimant's condition on the date the level of care determination was completed.

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Rigmaiden v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No.: 05CA0487, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 7, 2006, Decided
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Overview: Written transcript of a hearing before the ALJ was required under Colo. Rev. Stat. ? 24-4-105(15)(a) before the Colorado Department of Health Care Policy and Financing could reverse the ALJ's initial decision that determined claimant was eligible to receive benefits under the Home-and Community-based Services for the Elderly, Blind, and Disabled.

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Salazar v. Clancy Sys. Int'l, Inc., Court of Appeals No.: 04CA2347, COURT OF APPEALS OF COLORADO, September 7, 2006, Announced
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Overview: In stockholder's suit against corporation alleging corporation acted wrongfully and maliciously in issuing a stock certificate with a restrictive legend, trial court erred in granting summary judgment for corporation because there was no reason to believe legislature intended to occupy entire field by enacting Colo. Rev. Stat. ? 4-8-401.

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Stokes v. Denver Newspaper Agency, LLP, Court of Appeals No. 05CA0485, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 7, 2006, Decided
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Overview: Summary judgment was properly granted because extending liability to an employer under the workers' compensation going-and-coming rule did not further the purpose of respondeat superior; even though an employee was using his own car to perform his job, there was no evidence that he was engaging in work-related activities at the time of an accident.

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Walker v. Van Laningham, Court of Appeals No. 05CA0564, COURT OF APPEALS OF COLORADO, DIVISION SIX, September 7, 2006, Decided
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Overview: Kennel owners' complaint did not satisfy the second element of an abuse of process claim, which required the owners to show that the neighbors used a legal proceeding in an improper manner, because the Animal Control Ordinance was designed to encouraging public complaints about violations; thus neighbors' complaints were a proper use of process.

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