Colorado, December, 2004, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Colorado - December 30, 2004

Anderson v. Hyland Hills Park & Rec. Dist., Court of Appeals No. 04CA0105, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 30, 2004, Decided
View this case - free

Overview: Park ride patron was injured on a "swimming facility" for purposes of waiving district's immunity; however, trial court should have applied standard of care found in premises liability statute, not standard applicable to amusement ride cases.

Search Cases for Free

Contl Divide Ins. Co. v. Western Skies Mgmt., Inc., Court of Appeals Nos.: 03CA0334 & 03CA1002, COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
View this case - free

Overview: An insurer's suit against a corporation was barred by the antisubrogation rule where a conflict of interest would exist if the insurer were allowed to recover from one of its insureds.

Search Cases for Free

Dauwe v. Musante, Court of Appeals No. 03CA1421, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
View this case - free

Overview: Summary judgment dismissing claim that psychotherapist violated Colo. Rev. Stat. ? 25-1-802 by failing to provide plaintiff's patient records on request was improper where there were unresolved issues of fact as to whether records pertained to mental health problems.

Search Cases for Free

Fendley v. People, Court of Appeals No.: 03CA1065, COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
View this case - free

Overview: The trial court erroneously interpreted a former statute to provide that a person required to register as a sex offender in another state had to do so in Colorado, especially where the foreign statute did not require such registration.

Search Cases for Free

Gumina v. City of Sterling, Court of Appeals No. 03CA1709, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 30, 2004, Decided
View this case - free

Overview: Because the city council failed strictly to comply with requirements of the Open Meetings Law for convening the two executive sessions, the trial court had to open the records of those sessions to public inspection.

Search Cases for Free

Hewitt v. Rice, Court of Appeals Nos.: 03CA0984 & 03CA1092, COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
View this case - free

Overview: The dismissal of the individual and corporation's malicious prosecution action was proper, where a settlement in a civil case was not a favorable termination for purposes of a malicious prosecution claim.

Search Cases for Free

Meier v. McCoy, Court of Appeals No.: 02CA1348, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
View this case - free

Overview: Expert witness was not qualified to testify as to reasonable use of force by a police officer. In an unsuccessful personal injury and civil rights suit, court could assess attorney fees in favor of officers under both federal and Colorado statutes.

Search Cases for Free

People v. Duncan, Court of Appeals No.: 03CA0586, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
View this case - free

Overview: Defendant's conviction for failing to register as a sex offender was improper where the evidence was insufficient because the prosecution did not prove that he failed to register either on his birthday or within one business day of his birthday.

Search Cases for Free

People v. Lehmkuhl, Court of Appeals No.: 02CA0149, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
View this case - free

Overview: Defendant' convictions for burglary, sexual assault, kidnapping, theft, and menacing were proper, where he and his mother twice consented to the search and seizure of his blood, saliva, and hair samples.

Search Cases for Free

People v. Misenhelter, Court of Appeals No.: 02CA2090, COURT OF APPEALS OF COLORADO, DIVISION A, December 30, 2004, Decided
View this case - free

Overview: In an incest and child abuse case, an appeal of a sentence was not prohibited by Colo. Rev. Stat. ? 18-1-409 (2004) because the issue raised related to an irregularity in the proceeding that led to the imposition of the sentence. A sentence in the aggravated range was improperly entered where the aggravating circumstances were not found by a jury.

Search Cases for Free

Communities Portal