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| Anderson v. Hyland Hills Park & Rec. Dist., Court of Appeals No. 04CA0105,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 30, 2004, Decided
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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.
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| Contl Divide Ins. Co. v. Western Skies Mgmt., Inc., Court of Appeals Nos.: 03CA0334 & 03CA1002,
COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
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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.
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| Dauwe v. Musante, Court of Appeals No. 03CA1421,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
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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.
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| Fendley v. People, Court of Appeals No.: 03CA1065,
COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
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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.
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| Gumina v. City of Sterling, Court of Appeals No. 03CA1709,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 30, 2004, Decided
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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.
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| Hewitt v. Rice, Court of Appeals Nos.: 03CA0984 & 03CA1092,
COURT OF APPEALS OF COLORADO, December 30, 2004, Decided
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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.
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| Meier v. McCoy, Court of Appeals No.: 02CA1348,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
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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.
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| People v. Duncan, Court of Appeals No.: 03CA0586,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
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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.
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| People v. Lehmkuhl, Court of Appeals No.: 02CA0149,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
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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.
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| People v. Misenhelter, Court of Appeals No.: 02CA2090,
COURT OF APPEALS OF COLORADO, DIVISION A, December 30, 2004, Decided
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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.
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