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| Bernal v. Lumbermens Mut. Cas. Co., Court of Appeals No. 02CA0958,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 4, 2003, Decided
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Overview: On insurance company's appeal of uninsured motorist benefits, judgment was affirmed; statute did not prohibit policyholder from contracting for uninsured motorist coverage narrower in scope than general liability coverage.
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| Clark v. Scena, Court of Appeals No. 02CA0535,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 4, 2003, Decided
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Overview: Purchaser was properly granted specific performance on a real estate contract where the evidence supported the finding that the purchaser was willing and able to close the transaction but was denied the opportunity to prove his ability to close.
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| Koinis v. Colo. Dep't of Pub. Safety, Court of Appeals No. 02CA1631,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 4, 2003, Decided
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Overview: Employee was not entitled to relief on theory that his resignation was forced or coerced where he had been given option of resignation after termination, which did not amount to harassment or coercion and did not give rise to a cause of action.
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| People v. McMurtry, Court of Appeals No. 02CA0640,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 4, 2003, Decided
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Overview: Where defendant filed his motion for a speedy trial before he pleaded guilty, he did not waive his right to appeal the ruling denying his motion to dismiss for violation of his statutory speedy trial rights.
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| People v. Scearce, Court of Appeals No. 01CA1660,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 4, 2003, Decided
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Overview: On defendant's appeal of conspiracy to commit robbery conviction, judgment was reversed; defendant was denied the opportunity to present exculpatory evidence on the existence and scope of any agreement with an alleged coconspirator.
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| Union Ins. Co. v. Hottenstein, Court of Appeals No. 02CA2255,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 4, 2003, Decided
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Overview: Trial court did not err in awarding summary judgment in favor of insurer where insurance policy was unambiguous; although motion was granted prematurely, homeowner's rights were adequately protected by arbitration and appellate review.
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| Young Props. v. Wolflick, Court of Appeals No. 02CA2130,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 4, 2003, Decided
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Overview: Trial court abused its discretion in ordering the sale of minority cotenant's interest in land without a finding that partition in kind would result in manifest prejudice and in granting majority cotenants the option to purchase minority's interest.
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| Chism v. People (In re Chism), Case No. 03SA226,
SUPREME COURT OF COLORADO, December 8, 2003, Decided
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Overview: A finding against the inmate was improper where the trial court was mistaken in believing that the two-felony restriction on probation could not be waived in the inmate's case.
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| People v. Kennaugh, Case No. 03SA013,
SUPREME COURT OF COLORADO, December 8, 2003, Decided
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Overview: As defendant's five year probationary period exceeded the maximum period of incarceration for third degree misdemeanor sexual assault, which was two years, the trial court did not err in eliminating the rest of defendant's probationary period.
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| People v. Welsh, Case No. 02SC340,
SUPREME COURT OF COLORADO, December 8, 2003, Decided
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Overview: In a first degree murder case, the People improperly introduced evidence of defendant's pre-arrest silence to show that she was sane. Such evidence was not relevant and the danger of unfair prejudice outweighed any probative value.
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