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   State Courts - Colorado - November 17 - November 21, 2005
  
Adams Reload Co. v. Int'l Profit Assocs., Court of Appeals No.: 04CA1253, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 17, 2005, Decided
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Overview: Grant of motion to dismiss based on forum selection clause was affirmed as redistributors had not shown that litigating in Illinois would be so inconvenient as to deprive them of their day in court. Case involved a commercial contract between a Colorado corporation and an Illinois corporation; being forced to litigate in Illinois was foreseeable.

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McWherter v. Fischer, Court of Appeals No.: 04CA0808, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 17, 2005, Decided
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Overview: In clients' malpractice suit, the trial court did not err in granting the a default judgment as the lawyer did not specify the rule under which he asserted his claim for relief, nor did he present any evidence that he was entitled to any relief under either Colo. R. Civ. P. 55(c) for good cause or Colo. R. Civ. P. 60(b) for excusable neglect.

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Myers v. State Dep't of Revenue, Court of Appeals No.: 04CA2179, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 17, 2005, Decided
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Overview: Trial court erred in granting a driver's petition and reversing the revocation of his driving privileges based solely upon the department of revenue's failure to file an opposing brief as the driver failed to establish his right to relief by satisfactory evidence as required under Colo. R. Civ. P. 55(e).

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People v. Harte, Court of Appeals No.: 03CA1366, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 17, 2005, Decided
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Overview: Convictions for obtaining a controlled substance and attempting to obtain a controlled substance, by fraud or deceit, under Colo. Rev. Stat. ? 18-18-415, were affirmed as substantial evidence supported conclusion that defendant obtained narcotics by deceit and misrepresentation; he conveyed false understanding regarding purpose of visit to doctor.

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People v. O'Connell, Court of Appeals No.: 03CA1702, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 17, 2005, Decided
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Overview: Where court failed to instruct jury intoxication could negate specific intent required for sexual assault on a child, or an attempt, but defendant did not object, there was no plain error; court should not have sua sponte perceived supreme court's construction of definition of "sexual contact" might have altered mens rea for those crimes.

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People v. Rincon, Court of Appeals No.: 03CA1748, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 17, 2005, Decided
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Overview: Convictions for reckless manslaughter, first degree assault, second degree assault, and two counts of crime of violence were affirmed because, although the trial court abused its discretion in admitting bad acts evidence under the "opening the door" policy, the error was harmless as it did not make conviction more likely.

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Tatum v. Basin Res., Inc., Court of Appeals No.: 03CA0750, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 17, 2005, Decided
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Overview: In suit brought under Colorado Surface Coal Mining Reclamation Act, Colo. Rev. Stat. ? 34-33-101, (2005) et seq., homeowners' subsequent damages suit was not barred because they had established that a second or subsequent incident of coal mine subsidence had occurred to their residence after a previous settlement, which was not a permanent injury.

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Yadon v. Lowry, Court of Appeals No.: 04CA1681, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 17, 2005, Decided
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Overview: Award of fees for defendants' attorney was affirmed under Colo. R. Civ. P. ? 13-17-102 and appeal as to other issues was dismissed because a final judgment had not been entered as to all claims in the previous action involving multiple parties and claims so the appellate court had no jurisdiction over those issues.

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Archangel Diamond Corp. v. Lukoil , Case No. 04SC455, SUPREME COURT OF COLORADO, November 21, 2005, Decided
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Overview: While a trial court should not weigh disputed facts raised in Colo. R. Civ. P. 12(b)(2) motion without conducting evidentiary hearing, plaintiff failed to establish prima facie evidence of specific jurisdiction where defendant was Russian corporation and agreements were negotiated in Russia.

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Hopp & Flesch, LLC v. Backstreet, Case No. 04SC697, SUPREME COURT OF COLORADO, November 21, 2005, Decided
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Overview: Client was nurse employed by sheriff; she brought a legal malpractice suit against her attorney, alleging negligence in advising her not to cooperate in sheriff's investigation of potential criminal incident. Applying Fifth Amendment principles, attorney properly advised not to testify because sheriff's statements did not constitute use immunity.

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