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| People v. Lopez, Court of Appeals No.: 03CA0241,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 1, 2005, Decided
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Overview: Judgment convicting defendant of failing to register as a sex offender was reversed as evidence of his conduct on occasions other than day charged in information impaired his ability to defend himself against the charge. Therefore, the variance constituted reversible error, and he was entitled to a new trial.
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| People v. McGlotten, Court of Appeals No.: 04CA2636,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 1, 2005, Decided
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Overview: Contempt order issued against the former court reporter was affirmed because the reporter had the duty and ability to assist in completing the transcripts, and the reporter failed to comply with the trial court's order to assist in completing the transcripts.
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| People v. McIntier, Court of Appeals No.: 03CA2276,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 1, 2005, Decided
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Overview: Information charging defendant with retaliation against a witness under Colo. Rev. Stat. § 18-8-706 was sufficient because it tracked the language of § 18-8-706 and thus identified the essential elements of the crime charged. Also, § 18-8-706(1) did not require that the threat be directly communicated to or received by the witness.
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| People v. McNally, Court of Appeals No.: 04CA1654,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 1, 2005, Decided
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Overview: Twenty-four-year sentence for theft, Colo. Rev. Stat. § 18-4-401(2)(c), was affirmed as two of defendant's prior offenses--second degree burglary and attempted second degree burglary--were crimes characterized as serious for proportionality analysis; sentence did not yield an inference of gross disproportionality under governing precedents.
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| People v. Noel, Court of Appeals No. 04CA1558,
COURT OF APPEALS OF COLORADO, December 1, 2005, Decided
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Overview: Appellate court affirmed the denial of defendant's motion for a refund of a probation supervision fee after her conviction was vacated because the purpose of probation was primarily rehabilitative and defendant could have benefited from the supervisory services she received and paid for.
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| People v. Skufca, 02CA2233,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 1, 2005, Decided
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Overview: Drug convictions were reversed because the trial court erred in admitting res gestae evidence of a drug transaction and the error was aggravated by the trial court's refusal to limit the cross-examination of defendant with respect thereto. Oral findings under Colo. R. Civ. P. 52 were sufficient to sustain habitual criminal sentencing.
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| People v. Veren, Court of Appeals No.: 03CA1820,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 1, 2005, Decided
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Overview: Trial court properly denied defendant's motion to suppress drugs seized because the search of his truck was incident to lawful arrest for a driving offense, but officers' testimony about how drugs were used to manufacture methamphetamine required specialized knowledge and should only have been admitted as expert testimony under Colo. R. Evid. 702.
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| Titan Indem. Co. v. Sch. Dist. No. 1, Court of Appeals No. 04CA1401,
COURT OF APPEALS OF COLORADO, December 1, 2005, Decided
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Overview: Dismissal of subrogation claim was reversed because regardless of whether school bus was an extension of the tow truck, the indemnity company should have been able to subrogate against the school district if it was shown that the tow truck driver was negligent.
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| Union Carbide Corp. v. Indus. Claim Appeals Office, Court of Appeals No.: 05CA0081,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 1, 2005, Decided
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Overview: Judgment that employer was solely liable for workers' compensation death benefits payable to claimant was affirmed because rights and liabilities for occupational diseases under the Colorado Workmen's Compensation Act accrued at the time the disability for which compensation was sought occurred.
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