Colorado, November, 2003, State Case law

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State Courts - Colorado - November 6, 2003

Brossia v. Rick Constr. L.T.D., Court of Appeals No. 02CA1338, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 6, 2003, Decided
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Overview: In property owners' breach of contract suit against a contractor, the lis pendens the owners recorded after filing suit was invalid as a matter of law, as their original complaint did not claim any relief affecting the title to real property.

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Hartman v. Cmty. Responsibility Ctr., Inc., Court of Appeals No. 02CA1308, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 6, 2003, Decided
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Overview: Trial court properly directed verdict for an employee, who was also an officer of the employer, on her wage claim, as her employer's allegation that she had breached her fiduciary duty was not a legal justification for not paying her final wages.

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Leprino v. Nationwide Prop. & Cas. Ins. Co., Court of Appeals No. 02CA1863, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 6, 2003, Decided
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Overview: Developer was sued by homeowners, alleging damage to their homes. Insurer failed to defend or indemnify. Trial court properly granted summary judgment for insurer as developer failed to allege that damage occurred during applicable policy periods.

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People v. Fontes, Court of Appeals No. 02CA0395, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 6, 2003, Decided
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Overview: Defendant's convictions for forgery, criminal impersonation, and misdemeanor theft were proper where economic necessity alone did not support a choice of crime.

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People v. Hall, Court of Appeals Nos. 02CA1128 & 02CA1747, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 6, 2003, Decided
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Overview: In a criminal case, the trial court properly sentenced defendant to eight years on a plea of sexual assault and six years on a plea of conspiracy to commit robbery; the robbery sentence was enhanced, as defendant committed the offense while on bond.

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People v. Hollands, No. 03PDJ041., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 6, 2003, Decided
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People v. Miller, Court of Appeals No. 02CA1198, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 6, 2003, Decided
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Overview: The trial court's definition of the statutory term "lawfully confined" in defendant's trial for assault on an officer was reviewable. Statute that prohibited spitting on an officer applied to individuals under arrest and confined to a patrol vehicle.

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People v. Simpson, Court of Appeals No. 01CA0322, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 6, 2003, Decided
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Overview: Where defendant kicked in the door of his ex-wife's house, pointed the gun at her head, and fired two shots, the jury properly convicted him of both attempted second-degree murder and first-degree burglary.

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People v. Williams, Court of Appeals No. 01CA1559, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 6, 2003, Decided
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Overview: Trial court properly excluded the victim's prior conviction in defendant's trial for attempted robbery and sexual assault, as the conviction was too remote. Allowing the victim to be asked how she felt about cross-examination was harmless error.

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Summers v. Perkins, Court of Appeals No. 02CA1408, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 6, 2003, Decided
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Overview: The dismissal of the attorney's action under the Colorado Uniform Fraudulent Transfer Act was proper where he lacked standing to assert claims that only the bankruptcy trustee had standing to assert.

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