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| C.B. v. People, Court of Appeals No.: 04CA1695,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 8, 2005, Decided
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Overview: General assembly did not intend that the limitation on expungement set forth in Colo. Rev. Stat. § 19-1-306(7)(d) (2004) for any person who had been adjudicated for an offense involving unlawful sexual behavior as defined in Colo. Rev. Stat. § 16-22-102(9) (2004) apply to a person who had successfully completed a deferred adjudication.
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| Galbraith v. Clark, Court of Appeals No.: 04CA1317,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 8, 2005, Decided
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Overview: District court properly ordered the parties to arbitrate because the claimant's lawsuit was based on events that occurred while defendants were acting as managers of the store and the claimant signed an agreement that required her to arbitrate any dispute that might arise at work.
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| In re Marriage of Ludwig, Court of Appeals No.: 04CA0650,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 8, 2005, Decided
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Overview: Modification of a father's child support obligation was reversed as the trial court incorrectly calculated child support under Colo. Rev. Stat. § 14-10-115(1) (2004) based on two children as the daughter no longer lived at home and all her educational expenses were payable from a college account.
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| Kolar v. Indus. Claim Appeals Office of Colo., Court of Appeals No.: 04CA2194,
COURT OF APPEALS OF COLORADO, DIVISION TWO, September 8, 2005, Decided
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Overview: A finding that the claimant was limited to a scheduled disability award for permanent disability benefits and was not entitled to a whole person disability award was appropriate where Colo. Rev. Stat. §§ 8-42-107 and 8-42-101 (2004) did not permit an award of whole person impairment benefits based on the claimant's assessment.
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| People ex rel. B.C., Court of Appeals No.: 04CA1933,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 8, 2005, Decided
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Overview: Termination of a mother's parental right was affirmed because she met the conditions of Colo. Rev. Stat. § 19-3-604(1)(c); the child was adjudicated dependent, the court's treatment plan was appropriate, but not successful, and the mother's conduct or condition was unlikely to change within a reasonable time.
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| People v. Severin, Court of Appeals No.: 04CA0856,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 8, 2005, Decided
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Overview: Appeal challenging the reduction of charges against defendant as a sanction for a discovery violation was dismissed for lack of jurisdiction because the prosecution's appeal was governed by Colo. App. R. 4(b)(3), not Colo. App. R. 4(b)(2), and had to be filed within 10 days of the date of the trial court's order reducing the charge.
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| People v. Villarreal, Court of Appeals No.: 03CA2396,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 8, 2005, Decided
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Overview: Defendant's convictions for attempted first degree murder, first degree assault, and first degree burglary were proper where no evidence was presented of an event sufficient to provoke a passion to cause serious bodily injury. Thus, the trial court did not err in not submitting the heat of passion provocation issue to the jury.
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| Powell v. City of Colo. Springs, Court of Appeals No.: 03CA2030,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 8, 2005, Decided
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Overview: The trial court erred in retroactively applying the statutory amendments to Colo. Rev. Stat. § 24-10-108 to dismiss a negligence complaint against the city as definition of "public sanitation facility" was not ambiguous before it was amended, and amendment was not a clarification of existing law; it constituted a change in the law.
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| Stefanski v. Indus. Claim Appeals Office of Colo., Court of Appeals No.: 04CA1296,
COURT OF APPEALS OF COLORADO, DIVISION TWO, September 8, 2005, Decided
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Overview: A finding that a final admission of liability filed by the employer automatically closed the claimant's claim was improper pursuant to Colo. Rev. Stat. § 8-42-107.2(6) (2004) because he was not required to file a notice and proposal to select another division-sponsored independent medical examination.
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