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| Brownson-Rausin v. Indus. Claim Appeals Office, Court of Appeals No. 04CA2279,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 20, 2005, Decided
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Overview: In a workers' compensation case where the injured employee challenged the application of amended Colo. Rev. Stat. § 8-42-107, as the enactment of the amended statute did not deprive or impair any vested right belonging to the employee, it effected a change that was procedural and could be retroactively applied under Colo. Const. art. II, § 11.
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| Denver Found. v. Wells Fargo Bank, N.A., Court of Appeals No. 04CA1403,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 20, 2005, Decided
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Overview: Appellate court reversed summary judgment in favor of a trust as trust documents did not allow the trust to compel the trustee to turn over management of the trust principal to a non-profit corporation. Furthermore, doing so would cause the trust to terminate because it would result in the legal and beneficial interests of the trust being merged.
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| People v. Atencio, Court of Appeals No. 03CA2147,
COURT OF APPEALS OF COLORADO, DIVISION A, October 20, 2005, Decided
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Overview: Baggies of methamphetamine were found in the place where defendant attempted to scale a fence, baggies were warmer than the night air, and baggies had not been in that location. Evidence sufficed for his conviction under Colo. Rev. Stat. § 18-18-405. Officer's testimony as expert concerning use and distribution of controlled substances was proper.
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| People v. Boykins, Court of Appeals No. 03CA2278,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 20, 2005, Decided
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Overview: Where defendant was the owner of PCP found on a passenger on a bus, he was not entitled to suppress evidence taken from him by the investigating officers. The jurors' difficulty observing defendant and the first two witnesses at trial violated his confrontations rights under U.S. Const. amend. VI, but did not constitute plain error.
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| People v. Felder, Court of Appeals No. 03CA2068,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 20, 2005, Decided
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Overview: Defendant's claim was limited to question of whether, under United States Supreme Court's decision in Crawford v. Washington, his right of confrontation was violated by the admission, at pretrial suppression hearing, of hearsay statements made by confidential informant. There was no violation as Crawford addressed rights of confrontation at trial.
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| People v. Tweedy, Court of Appeals No. 04CA0037,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 20, 2005, Decided
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Overview: Where defendant gave police consent to search his hotel room, their discovery of evidence of drugs and weapons did not violate the Fourth Amendment; there was no illegal seizure. The presence of weapons in close proximity to the drugs was sufficient to support his adjudication as a special drug offender under Colo. Rev. Stat. § 18-18-407(1)(f).
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| Savage v. Williams Prod. Rmt Co., Court of Appeals No. 04CA0792,
COURT OF APPEALS OF COLORADO, DIVISION THREE, October 20, 2005, Decided
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Overview: Appellate court reversed the trial court's ruling that allowed defendant to deduct taxes from the royalty payments on the oil and gas leases that it owed to plaintiff as the claim for the deduction of taxes was a compulsory counterclaim under Colo. R. Civ. P. 13(a) and as defendant did not raise the claim in his pleadings, it was waived.
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| Schwartz v. Owens, Court of Appeals No. 04CA1270,
COURT OF APPEALS OF COLORADO, DIVISION ONE, October 20, 2005, Decided
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Overview: Colo. Exec. Order No. B-002-99 specifically provides that Colorado Executive Clemency Advisory Board (ECAB) has no obligation to review or respond to any request for clemency. Nothing in Colorado Constitution, statutes, or case law cited grants any inmate a due process right to any kind of clemency proceeding. Inmates must pay filing fee thereon.
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| Durango Transp., Inc. v. Colo. PUC, Case No. 04SA391,
SUPREME COURT OF COLORADO, October 24, 2005, Decided
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Overview: Commission properly granted CPCN to resort where it found that transportation company that held CPCN for transportation in area based its decision on facts that public perceived company's rates to be prohibitively expensive, company required at least 45 minutes to provide service to resort, and company had insufficient personnel to serve area.
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