Colorado, October, 2006, State Case law

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State Courts - Colorado - October 2 - October 3, 2006

City of Florence v. Pepper, Case No. 05SC812, SUPREME COURT OF COLORADO, October 2, 2006, Decided
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Overview: Colo. Rev. Stat. ? 18-1-901(3)(1)(IV.5) (1996) effectively repealed that portion of Colo. Rev. Stat. ? 8-40-202(1)(a)(I)(A) that left workers' compensation coverage of volunteer reserve police officers to the discretion of the county, town, city, or municipality, and based on parties' stipulations officer was entitled to benefits.

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People v. Trujillo, Case No. 05SA318, SUPREME COURT OF COLORADO, October 2, 2006, Decided
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Overview: A criminal defendant did not impliedly waive the attorney-client privilege because she neither placed privileged communications at issue by negotiating a plea agreement in which she agreed to testify truthfully, nor did she disclose privileged information to a third party. The order for an in-camera review of the attorney's file was unwarranted.

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People v. Manzo, Case No. 05SC203, SUPREME COURT OF COLORADO, October 2, 2006, Decided
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Overview: The offense of leaving the scene of an accident with serious injury, a violation of Colo. Rev. Stat. ? 42-4-1601, was a strict liability offense because the plain language of the statute did not require or imply a culpable mental state. The felony penalty provision did not prevent the offense from being a strict liability offense.

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Roberts v. Am. Family Mut. Ins. Co. , Case No. 05SC57, SUPREME COURT OF COLORADO, October 2, 2006, Decided
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Overview: In a dispute over underinsured motorist benefits under one motorcycle and six car insurance policies, summary judgment was improperly granted to the car and motorcycle insurers because the insureds could stack one car and the one motorcycle policies under Colo. Rev. Stat. ??10-4-402 (3.5) since they were issued by different companies.

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People v. Serna, 06PDJ023., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 3, 2006, Decided
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People v. Serna, Case Number: 06PDJ023, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 3, 2006, Decided
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Overview: Attorney was disbarred for violating Colo. R. Prof. Conduct 8.4(c), 1.4(a) and (b), 1.16(d), 3.4(c), and 5.5(a) for never advising her client of her administrative suspension, engaging in unauthorized practice of law with suspended license, not returning her client's phone calls, and failing to return her client's her legal file and cost retainer.

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