Colorado, November, 2002, State Case law

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State Courts - Colorado - November 7, 2002

People v. Dalton, Court of Appeals No. 01CA1624, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 7, 2002, Decided
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Overview: The trial court's permission for defendant to withdraw his guilty plea was improper where the trial court had jurisdiction over the crime of violence in count two and had ancillary jurisdiction over count one.

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People v. Franco, Court of Appeals No. 01CA1306, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 7, 2002, Decided
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Overview: In defendant's controlled substance case, where, although not present at the setting, the defense had adequate opportunity to object to the trial date proposed by the trial court, defendant's speedy trial rights were not violated.

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People v. Fry, Court of Appeals No. 00CA1459, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 7, 2002, Decided
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Overview: Trial court erred in admitting uncle's preliminary hearing testimony as it violated defendant's constitutional right to confront witnesses against him; thus, a new trial was required. Also, victim's nonverbal statements accusing him were admissible.

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People v. Gandiaga, Court of Appeals No. 01CA0791, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: Defendant's convictions for first-degree murder and second-degree kidnapping were proper, where he was not denied effective assistance of counsel and where he was not entitled to the defense of abandonment as a matter of law.

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People v. McQuarrie, Court of Appeals No. 01CA1966, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 7, 2002, Decided
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Overview: Where defendant pleaded guilty to a controlled substance offense, a court erred by imposing a drug offender surcharge after the sentencing hearing, because that violated defendant's right against double jeopardy.

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Steiner v. Minn. Life Ins. Co., Court of Appeals No. 01CA1670, COURT OF APPEALS OF COLORADO, DIVISION A, November 7, 2002, Decided
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Overview: Dismissal of the doctor's claims against the insurer and its agents concerning disability payments was affirmed, as additional facts related to the doctor's admitted drug use were no longer protected by the privilege against self-incrimination.

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Town of Ignacio v. Indus. Claim Appeals Office, Court of Appeals No. 01CA2024, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: In a workers' compensation case, an ALJ did not have jurisdiction to resolve a dispute regarding whether or not an claimant had reached maximum medical improvement because no division-sponsored independent medical examination had been performed.

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Westec Constr. Mgmt. Co. v. Postle Enters. I, Court of Appeals Nos. 01CA1055 & 01CA1632, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: Award of postjudgment interest on prejudgment interest awarded on remand in breach of contract action was improper, where trial court was without authority to enter award after it was directed to award prejudgment interest on remand.

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