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| ACLU v. Whitman, Court of Appeals No.: 05CA0397,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 5, 2006, Decided
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Overview: Court affirmed order declining to reconsider prior dismissal of civil liberties union's declaratory judgment claims seeking disclosure of police investigation records concerning an individual's complaint about police officers; expectation of privacy at issue in individual's case could not be subject of declaratory judgment applicable to all cases.
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| Alward v. Golder, Court of Appeals No.: 05CA0120,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 5, 2006, Decided
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Overview: In an action filed under Colo. R. Civ. P. 106(a)(4), discipline imposed on an inmate for verbal abuse based on derogatory language in a grievance was upheld because his First Amendment rights were not violated since, inter alia, the prohibition against such had a rational connection to a safe and efficient prison system.
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| Combs v. Tibbitts, Court of Appeals No.: 05CA0937,
COURT OF APPEALS OF COLORADO, DIVISION ONE, October 5, 2006, Decided
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Overview: Trial court erred in determining that children's mother was their father's putative spouse within the meaning of the putative marriage statute, Colo. Rev. Stat. § 14-2-111, as parties knew father was legally married to another person throughout period of their cohabitation and both testified that they never believed that they were legally married.
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| Gresh v. Balink, Court of Appeals No.: 05CA0375,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 5, 2006, Decided
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Overview: Taxpayer was not entitled to declaratory judgment requiring county clerk to consider or discern good faith or motives of persons who may submit comments for or against proposals in determining whether they were relevant under Taxpayers Bill of Rights, Colo. Const. art. X, § 20; voter's intent spoke to credibility of voter, not relevance of comment.
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| Jet Black, LLC v. Routt County Bd. of County Comm'rs, Court of Appeals No.: 05CA0511,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 5, 2006, Decided
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Overview: Court affirmed orders of the Colorado State Board of Assessment Appeals affirming the assessment of a county board of commissioners of the common area parcels of a planned development's common areas to the individual lot owners under Colo. Rev. Stat. § 38-33.3-105 (2006); the common areas had to be accounted for as a part of the lots' values.
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| Keyah Grande, LLC v. Colo. Dep't of Agric., Court of Appeals No.: 05CA0388,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 5, 2006, Decided
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Overview: Appellate court reversed a grant of summary judgment in favor of the Colorado Department of Agriculture and ordered that partial summary judgment be in entered in favor of a company whose elk were destroyed because the Department believed some had chronic wasting disease as the Department did not comply with Colo. Rev. Stat. § 35-50-113.
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| Lopez v. Am. Family Mut. Ins. Co., Court of Appeals No.: 05CA1361,
COURT OF APPEALS OF COLORADO, DIVISION A, October 5, 2006, Decided
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Overview: As a boy shot a victim five times in the head with a BB gun, the evidence was clear that the boy's act fell within the intentional act exclusion in the insurance company's policy; thus, the trial court did not err by denying the victim's writ of garnishment filed against the company after the victim obtained a default judgment against the insured.
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| People ex rel. C.A.J., Court of Appeals No.: 05CA2413,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 5, 2006, Decided
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Overview: A finding that the People were required to establish that the juvenile acted by the use of restraint, abduction, coercion, or intimidation or when force and violence were present or threatened was appropriate under Colo. Rev. Stat. § 18-9-109(2) because the force clauses applied both to the student clause and the staff-faculty clause.
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| People v. Arko, Court of Appeals No. 04CA1050,
COURT OF APPEALS OF COLORADO, DIVISION SIX, October 5, 2006, Decided
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Overview: Court did not violate defendant's right to effective assistance of counsel by requiring him either to represent himself or to retain counsel he believed to be ineffective because the court merely informed him that so long as he was represented by counsel, he could not file pro se motions, and the disputes pertained to preparation and strategy.
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| People v. Karpierz, Court of Appeals No.: 04CA0081,
COURT OF APPEALS OF COLORADO, DIVISION THREE, October 5, 2006, Decided
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Overview: Defendant filed postconviction motion, pursuant to Colo. R. Crim. P. 35(c), seeking to withdraw defendant's guilty plea to first degree murder with deliberation. Procedural safeguards outlined in Colo. Rev. Stat. § 16-8-117 did not apply because no self-incrimination issue was implicated, as defendant had already confessed and entered a plea.
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