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   State Courts - Colorado - November 7 - November 15, 2005
  
Colo. Dep't of Revenue v. Hibbs, Case No. 04SC759, SUPREME COURT OF COLORADO, November 7, 2005, Decided
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Overview: Reversal of Department of Revenue's revocation of driver's operating license was reversed because record evidenced compliance with then-existing Colo. Rev. Stat. ? 42-2-126(3)(b). A verified report pursuant to Colo. Rev. Stat. ? 42-2-126(3)(b) did not need to be notarized or otherwise affirmed before a third party, an officer's signature sufficed.

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DeHerrera v. People , Case No. 04SC446, SUPREME COURT OF COLORADO, November 7, 2005, Decided
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Overview: Defendant had four prior felony convictions, the case at bar involved act of violence, and there was short period of time between defendant's release from prison and commission of new offense. The first and third factors were Blakely-exempt factors, and one Blakely-compliant or Blakely-exempt factor was sufficient to support aggravated sentence.

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Tatum v. People, Case No. 04SA382, SUPREME COURT OF COLORADO, November 7, 2005, Decided
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Overview: Although a headgate was functional, it was unsuitable because it failed to control inflow of water around it, mainly because it was located in swamp area. As headgate failed to serve its function to control the inflow of water at all ordinary stages, landowner was in violation of Colo. Rev. Stat. ? 37-84-112(1). Injunctive relief was proper.

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Harris v. Denver Post Corp., Case No. 04SC133, SUPREME COURT OF COLORADO, November 15, 2005, Decided
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Overview: Where sheriff obtained recordings pursuant to search warrant that had not been invalidated and used them to investigate crimes connected with killings at a high school, they were criminal justice records under Colorado's Criminal Justice Records Act and were subject to sheriff's exercise of sound discretion to allow a requested inspection or not.

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People v. Rockwell, Case No. 04SC584, SUPREME COURT OF COLORADO, November 15, 2005, Decided
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Overview: Defendant was sentenced to mandatory parole following incarceration. Sentence was proper, pursuant to Colo. Rev. Stat. ? 17-2-201(a)(5), because there was no factual basis for unlawful sexual behavior, as defendant had claimed.

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