Colorado, August, 2005, State Case law

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State Courts - Colorado - August 11, 2005

People v. Patnode, Court of Appeals No.: 03CA1072, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 11, 2005
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Overview: Defendant's sentence was improper pursuant to Colo. Rev. Stat. ? 42-2-206 (2004) because his two driving offenses did not amount to grave and serious crimes. While the State had a valid interest in preventing drivers from driving with revoked licenses, an offense under the statute was essentially a violation of an administration order.

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People v. Rosales, Court of Appeals No.: 03CA0077, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 11, 2005, Decided
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Overview: Convictions were affirmed because the trial court did not violate defendant's right against double jeopardy when, having deferred determination of the amount of restitution as permitted by Colo. Rev. Stat. ? 18-1.3-603(1) (2004), the trial court ordered restitution after defendant began to serve his sentence.

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Remote Switch Sys. v. Delangis, Court of Appeals No. 04CA0575, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 11, 2005, Decided
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Overview: Trial court erred in denying the employee an award of attorney fees under former Colo. Rev. Stat. ? 8-4-114 because as the "winning party" under the statute, the employee was entitled to an award of attorney fees relating to the prosecution of his counterclaim.

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Sereff v. Steedle, Court of Appeals No.: 03CA1445, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 11, 2005, Decided
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Overview: Determination that a supervising physician was a public employee was affirmed because the policy choice had been made by the Colorado General Assembly that a doctor engaged in private practice was covered by the Colorado Governmental Immunity Act, Colo. Rev. Stat. ? 24-10-101 (2004) et seq., when supervising a resident at a private hospital.

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Tuscany, LLC v. W. States Excavating Pipe & Boring, LLC, Court of Appeals Nos.: 03CA0999 & 03CA1852, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 11, 2005, Decided
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Overview: Discharge and release of the mechanics' liens was reversed and remanded because mechanics' liens were excluded from the Spurious Liens and Documents statute, Colo. Rev. Stat. ? 38-35-201 (2004) et seq.

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