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| Ball Corp. v. Fisher, Court of Appeals No. 01CA0246,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 20, 2001, Decided
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Overview: Three special districts did not have the authority to levy a use tax on machinery at taxpayer's plant that was otherwise exempt from state tax.
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| Colo. Homes v. Loerch-Wilson, Court of Appeals No. 00CA1193,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 20, 2001, Decided
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Overview: Homebuilders' claim of breach of fiduciary duty by homeowners' association for not enforcing restrictive covenant against purchasers who picketed and posted signs about alleged poor quality of their newly purchased home should have been heard.
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| Colo. Motor Vehicle Dealer Bd. v. Brinker, Court of Appeals No. 00CA1936,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 20, 2001, Decided
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Overview: Car dealer's license was improperly suspended based on allegations of theft and conspiracy where board misconstrued statute to encompass that conduct based on conduct involving commerce and motor vehicles.
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| Colo. State Bd. of Accountancy v. Paroske, Court of Appeals No. 00CA2390,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 20, 2001, Decided
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Overview: Statutory provision requiring professional corporation to register with the Colorado State Board of Accountancy provided a sufficiently definite standard to ensure uniform, nondiscriminatory enforcement.
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| Lee v. Masner, Court of Appeals No. 99CA2146,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 20, 2001, Decided
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Overview: Road across private land was public road where road was established while property was still public land, which later became private land, because the doctrine of relation back applied.
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| People v. Clifton, Court of Appeals No. 00CA0977,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 20, 2001, Decided
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Overview: In aggravated robber's appeal, the judgment and sentence as to one count of aggravated robbery were vacated; the two charges arose from the same episode and only one robbery could have occurred because there was only one taking.
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| People v. Freeman, Court of Appeals No. 99CA2152,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 20, 2001, Decided
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Overview: Defendant's right against self-incrimination was not violated when a court-ordered psychiatrist testified about statements defendant made to him, because defendant failed to request a limiting instruction, as permitted by statute.
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| People v. Grace, Court of Appeals No. 00CA0114,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 20, 2001, Decided
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Overview: Response to the jury questions in the absence of the defendant was harmless because defense counsel was present and did not object, the trial court's responses were correct, and defendant suffered no prejudice from his absence.
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| People v. Gross, Court of Appeals No. 00CA0700,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 20, 2001, Decided
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Overview: Appellate court could review trial record for prejudice even though counsel did not renew its pre-trial objection to consolidation of cases; defendant was not prejudiced by consolidation of two cases against him with common intent and motive.
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| People v. Martinez, Court of Appeals No. 00CA0312,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 20, 2001, Decided
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Overview: It was reversible error to suggest that examples of similar injury from extreme force and trauma were relevant to the minimum force defendant must have applied to have knowingly caused the death of the infant in his trust.
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