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| Barnes v. Colorado Dep't of Revenue, Motor Vehicle Div., No. 99CA2181,
COURT OF APPEALS OF COLORADO, DIVISION ONE, November 24, 2000, Decided
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Overview: Physical presence of police officer was required at hearing before driver's license of driver, who had been charged with DUI, could be revoked.
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| Denver Post Corp. v. Stapleton Dev. Corp., No. 99CA1260,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 24, 2000, Decided
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Overview: Open records statute applied to private development corporation to require disclosure of proposals concerning development of city property, since city's significant control over corporation warranted deeming proposals public records.
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| Ginny's Kids Int'l, Inc. v. Office of the Secy. of State, No. 99CA2265,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 24, 2000, Decided
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Overview: Denial of bingo license to plaintiff nonprofit incorporated in 1996 was affirmed, as it did not meet five-year statutory requirement; it was not a successor to organization from which it split and in which it was created.
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| Heath v. Parker, No. 99CA2436,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 24, 2000, Decided
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Overview: Road was improperly declared abandoned where there was insufficient proof of an intent to abandon, and its nonuse was not shown.
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| Huizar v. Allstate Ins. Co., No. 98CA2002,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 24, 2000, Decided
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Overview: Court properly awarded attorney fees to insured following successful challenge to insurer's motion for trial de novo under policy provision requiring insurer to pay other reasonable expenses incurred at insurer's request.
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| In re L.M., No. 00CA0337,
COURT OF APPEALS OF COLORADO, DIVISION ONE, November 24, 2000, Decided
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Overview: Where parental permission was an affirmative defense to the crime of handgun possession by a minor, and there was no evidence that raised the possible application of the defense, the prosecutor had no burden to disprove the defense.
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| Keybank, Nat'l Assn. v. Mascarenas, No. 99CA1949,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 24, 2000, Decided
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Overview: UCC provisions dealing with entrustment applied instead of theft statute where goods were entrusted to merchant who sold those types of goods; due process rights were not violated where procedural rules did not provide discovery.
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| People v. Fennell, No. 98CA2459,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 24, 2000, Decided
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Overview: Trial court did not err in reinstating defendant's guilty plea because vacating illegal aspect of sentence was sufficient remedy; defendant's statutory and constitutional rights to speedy trial were not violated.
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| People v. Garcia, No. 99CA0785,
COURT OF APPEALS OF COLORADO, DIVISION ONE, November 24, 2000, Decided
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Overview: Defendant cannot successfully exclude evidence of use of victim's car to commit other crimes and then preclude prosecutor from seeking to establish a more serious lesser non-included offense of aggravated motor vehicle theft.
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| People v. Kenny, No. 96CA0840,
COURT OF APPEALS OF COLORADO, DIVISION ONE, November 24, 2000, Decided
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Overview: Remand was required to apply multi-factored analysis to determine whether reasons for defendant's attorney's discipline reflected so poorly upon his competence that ineffective assistance of counsel was provided as a matter of law.
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