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| In re Parental Responsibilities Concerning L.S., Court of Appeals No. 08CA1872,
COURT OF APPEALS OF COLORADO, DIVISION SEVEN, October 15, 2009, Decided
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Overview: Colorado court erred in ordering that a child remain in Colorado in mother's custody because while court had home-state jurisdiction under UCCJEA, Colo. Rev. Stat. § 14-13-102(7)(a), court was bound to respect Nebraska order awarding custody to father; Nebraska court had properly exercised UCCJEA jurisdiction as Colorado had declined jurisdiction.
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| People v. Aguilar-Ramos, Court of Appeals No. 08CA1392,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 15, 2009, Decided
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Overview: Postconviction petitioner's enhancement was proper as the plain language of Colo. Rev. Stat. § 18-3-302(3)(a) specifically required only that the person kidnapped be a victim of sexual assault, not that the kidnapper have perpetrated that crime, and the evidence showed that the victim her suffered such additional harm during the kidnapping.
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| People v. Brante, Court of Appeals No. 07CA0427,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 15, 2009, Decided
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Overview: In a stalking case, defendant was not entitled to a choice of evils instruction under Colo. Rev. Stat. § 18-1-702 as his speculative fears that his ex-girlfriend's departure to Egypt was imminent, that she might be harmed there, or that he would be unable to find her, did not rise to the level of an impending injury demanding immediate action.
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| People v. Buckner, Court of Appeals No. 07CA2510,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 15, 2009, Decided
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Overview: Court did not err in admitting defendant's cellular telephone into evidence because it showed that he had spoken with undercover officer who arranged drug sale; officer's testimony authenticated that telephone was the one on which defendant received call; evidence was not hearsay under Colo. R. Evid. 801(c) or prejudicial under Colo. R. Evid. 403.
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| People v. Hancock, Court of Appeals No. 06CA2206,
COURT OF APPEALS OF COLORADO, DIVISION SIX, October 15, 2009, Decided
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Overview: Defendant's burglary and criminal mischief convictions were reversed and remanded for new trial as the trial court abused its discretion in failing to remove a prospective juror for cause pursuant to Colo. Rev. Stat. § 16-10-103(1)(j) where the prospective juror refused to hold the prosecution to its burden of proof.
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| People v. Maestas, Court of Appeals No. 08CA0516,
COURT OF APPEALS OF COLORADO, DIVISION THREE, October 15, 2009, Decided
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Overview: Where defendant pleaded guilty to felony vehicular eluding and an additional reckless second degree assault with a deadly weapon, but waived the factual basis for the added count, the trial court properly imposed current sentencing under Colo. Rev. Stat. § 18-1-408(3) as the convictions were supported by identical evidence.
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| People v. Samuels, Court of Appeals No. 06CA1560,
COURT OF APPEALS OF COLORADO, DIVISION SEVEN, October 15, 2009, Decided
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Overview: In a murder case, a search, of some scope, of defendant's bedroom by his probation officer did not violate the Fourth Amendment. Probation officer's reasonable suspicion that defendant had violated conditions of his probation was sufficient to justify the search.
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| People v. Sanders, Court of Appeals No. 08CA2295,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 15, 2009, Decided
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Overview: Defendant's sentence of two years of probation, without a condition that he undergo sex offender treatment, for failure to register as a sex offender was not illegal on the ground that the trial court did not include sex offender treatment because the prosecution had declined to add a condition that he participate in treatment.
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| People v. Schreiber, Court of Appeals No. 08CA1721,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 15, 2009, Decided
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Overview: Trial court erred by requiring the prosecution to prove defendant's prior indecent exposure convictions to the jury beyond a reasonable doubt as Colo. Rev. Stat. § 18-7-302(4) was a sentence enhancer and prior convictions were exempt from the jury requirement imposed by Blakely.
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| People v. Wood, Court of Appeals No. 06CA2581,
COURT OF APPEALS OF COLORADO, DIVISION SEVEN, October 15, 2009, Decided
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Overview: Where the victim and his girlfriend offered to sell defendant methamphetamine, defendant invited the two back to his apartment for the sale; when defendant discovered the drugs were fake, he shot and killed the victim. The jury's rejection of his defense under the make-my-day statute, Colo. Rev. Stat. § 18-1-704.5(3), was supported by the evidence.
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