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| People v. Kerber, Court of Appeals No. 01CA1173,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 21, 2002, Decided
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Overview: While a trial court erred in refusing defendant time to recross-examine a witness on the basis of the late hour, reversal was not required because no new material on redirect was given and a lengthy cross-examination was already conducted.
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| People v. Kitsmiller, Court of Appeals Nos. 01CA0673 & 01CA0876,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 21, 2002, Decided
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Overview: Where trial court made required findings at original sentencing and only remainder of original sentence was imposed, defendant suffered no prejudice from the lack of new findings to support aggravated sentence at resentencing hearing.
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| People v. McNeely, Court of Appeals No. 00CA1187,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 21, 2002, Decided
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Overview: Defendant's sentence of 48 years for burglary and other offenses as habitual criminal was proportionate considering two prior drug-related convictions, two traffic-related convictions, and deference due legislative sentencing schemes.
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| People v. Rivers, Court of Appeals No. 00CA2275,
COURT OF APPEALS OF COLORADO, DIVISION ONE, November 21, 2002, Decided
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Overview: Defendant's conviction of first degree murder after deliberation upon retrial did not violate double jeopardy concerns. The jury in the first trial was deadlocked; the trial court properly dismissed the jurors and ordered a new trial.
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| Toothman v. Freeborn & Peters, Court of Appeals No. 01CA1142,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 21, 2002, Decided
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Overview: In securities litigation, the trial court erred in denying a request to certify a class of individuals who held limited liability partnership interests.
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| Weisiger v. Harbour, Court of Appeals No. 01CA2230,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 21, 2002, Decided
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Overview: Neighbors' minor route deviations to their property across the landowners' parcel did not defeat their prescriptive easement, the landowners failed to rebut the fact the use was adverse, and actual knowledge of the use did not have to be shown.
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| White v. Progressive Mt. Ins. Co., Court of Appeals No. 01CA2058,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 21, 2002, Decided
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Overview: Former statute that required insurer to provide minimum coverage in its automobile insurance policy for rehabilitation services stemming from an accident were limited in both the amount of benefits paid and time after the accident to file claim.
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