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   State Courts - Colorado - September 12, 2005
  
Denver Publ. Co. v. Bd. of County Comm'rs of Arapahoe County, Case No. 03SC783, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: While personal e-mails between county officials did not fall within constitutional privacy exception to Colorado Open Records Act, scope of "public records" definition limited type of messages covered and distinguished between messages that related to performance of public functions or receipt and expenditure of public funds and those that did not.

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High Plains A & M, LLC v. Southeastern Co. Water Conservancy Dist., Consolidated Cases, Case No. 04SA266, Case No. 04SA267, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: Application for change of water rights was properly dismissed because application did not identify any particular municipal or quasi-municipal entity with which applicants had an agreement for actual beneficial use of the water sought to be transferred.

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ISG, LLC v. Arkansas Valley Ditch Ass'n, Case No. 04SA268, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: Water court did not err in dismissing farmers' group's application to change type and place of use of its water rights from irrigation of lands under a ditch system to multitude of possible new uses in any one of 28 counties without prejudice because group had not identified locations at which appropriation would be placed to actual beneficial use.

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ISG, LLC v. Arkansas Valley Ditch Ass'n, Case No. 04SA268, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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People v. Frisco, Case No. 05SA17, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: It was not reasonable to find that a substantial risk that confidential information as would normally have been obtained by counsel in prior representation would materially have advanced position of defendant in instant prosecution, and therefore trial court erred in disqualifying defendant's chosen attorney pursuant to Colo. R. Prof. Conduct 1.9.

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People v. Weinreich, Case No. 04SC436, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: In review of conviction for reckless child abuse resulting in death, trial court committed plain and reversible error by using obsolete instruction that reflected older versions of Colo. Rev. Stat. ? 18-6- 401(1)(a) because instruction contained "may have endangered" language; instruction constructively amended original charge.

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People v. Cherry, Case No. 05SA110, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: Motion to suppress was reversed and remanded because the officer had a reasonable and articulable basis to believe criminal activity was occurring when defendant was illegally parked in the middle of the street in violation of Colo. Rev. Stat. ? 42-4-1205 at the time the officer first contacted defendant.

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Shepler v. Whalen, Case No. 04SC553, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: A judgment creditor who filed suit to set aside a fraudulent transfer had priority over other creditors, despite the fact that their judgments were recorded first, because Colo. Rev. Stat. ? 38-35-109 (2004) did not apply since a debtor had no interest in his wife's townhouse that was paid off using funds meant for the creditors.

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Sleeping Indian Ranch, Inc. v. W. Ridge Group, Case No. 04SC691, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: Quieting title in the ranch was appropriate where the evidence supported the district court's findings that the ranch's predecessor was in the process of purchasing only Parcel A, had no contractual rights or obligations as to Parcel B, and that there was no joint venture or partnership as to the entire 120 acres.

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USAA Cas. Ins. Co. v. Anglum, Case No. 04SC390, SUPREME COURT OF COLORADO, September 12, 2005, Decided
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Overview: A finding against the insurer was improper where its policy unambiguously permitted the insurer to adjust its premium to reflect a newly acquired vehicle as of the date of acquisition of the vehicle.

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