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| Allen Homesite Group v. Colorado Water Quality Control Comm'n, No. 99CA1685,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 9, 2000, Decided
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Overview: Plaintiff had to have filed his action for judicial review challenging the final adverse agency ruling within 30 days after the ruling. Failure to seek timely review deprived the district court of jurisdiction.
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| Baumgarten v. Coppage, No. 99CA1893,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 9, 2000, Decided
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Overview: Statutory requirement of certificate of review in claim based on allegations of professional negligence of licensed professional only applied where expert testimony was necessary to establish claim.
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| Collins v. Jaquez, No. 97CA2108,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 9, 2000, Decided
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Overview: Statute requiring denial of in forma pauperis status to inmate, based on funds in account, was not unconstitutional denial of access to courts, and statute served rational state purpose of limiting frivolous inmate lawsuits.
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| Johnson v. Colorado State Bd. of Agric., No. 99CA2230,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 9, 2000, Decided
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Overview: Summary judgment was affirmed in an action in which a tenured university professor sued the university's governing board over the implementation of a new comprehensive performance review of tenured faculty policy.
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| Lewis v. Emil Clayton Plumbing Co., No. 99CA2166,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 9, 2000, Decided
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Overview: Plumber's contract to replace water heater did not impose duty to inspect gas coupling on stove, which later exploded; there was no general duty to inspect, and lack of building permit did not support consumer protection claim.
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| McCallum v. Colorado State Bd. of Parole, No. 99CA2354,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 9, 2000, Decided
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Overview: Specific statutory procedures governing parole applications prevailed over any general due process rights accorded under the state administrative procedures act.
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| Parker v. Center for Creative Leadership, No. 99CA1595,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 9, 2000, Decided
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Overview: Where specific language in a service agreement warranted all claims to be settled by arbitration, plaintiff, even though not a party to the agreement, could not enforce claims through the court.
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| People v. Cardenas, No. 98CA1944,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 9, 2000, Decided
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Overview: Because the jury in the first trial did not return any verdict, there was no implied acquittal and thus, defendant's constitutional protection against double jeopardy was not violated.
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| People v. Ellis, No. 98CA2614,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 9, 2000, Decided
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Overview: Finding of universal malice was sustainable when defendant admitted that he knew persons other than the intended victim were behind door. Evidence that three separate shots were fired was sufficient to warrant imposing consecutive sentences.
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