138 results for 'court:"Colorado Court Of Appeals"'.
J. Lipinsky finds the lower court properly dismissed the well owners' complaint for lack of jurisdiction. The issues presented by the owners, including interpretation of water use guidelines and an order to vacate the state engineer's decision, were water matters that must decided by a water court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA23, Categories: Water, Jurisdiction
J. Berger finds the trial court erroneously granted the business partner's motion to pierce the corporate veil and hold the business entities liable for debts owed by the individual borrower. The piercing doctrine cannot be used to construe a disputed contractual term, such as the ambiguity found in the parties' settlement agreement. Meanwhile, the trial court properly granted the borrower's motion for summary judgment on the partner's civil theft claim because it was based on the same conduct as the contract claim. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Berger, Filed On: February 29, 2024, Case #: 2024COA22, Categories: Settlements, Contract
J. Grove finds the lower court properly determined the county could not be held liable for acceleration payments past fiscal year 2021 when it terminated a services agreement with the therapy provider. Those payments were predicated on appropriations the county never made. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: February 29, 2024, Case #: 2024COA24, Categories: Health Care, Contract
J. Kuhn finds the trial court did not violate defendant's speedy trial rights when it continued his trial date past the statutory deadline. A government witness's unavailability due to Covid-19 travel restrictions and general concerns about the spread of Covid gave the court a legitimate reason to delay the trial. However, the trial court erroneously failed to merge two convictions for sentencing purposes, as every element of reckless manslaughter is also an element of reckless vehicular homicide and, therefore, is necessarily a lesser-included offense. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: February 29, 2024, Case #: 2024COA20, Categories: Speedy Trial, Manslaughter, Vehicular Homicide
J. Schutz finds that while the prosecution was expected to have an estimate for restitution prior to defendant's sentencing on theft and property damage charges, its failure to do so did not prejudice defendant because its request was submitted prior to the expiration of the 90-day statutory deadline. Therefore, any error by the prosecution or the trial court for its failure to require an estimate prior to sentencing was harmless and the restitution order is upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA19, Categories: Theft, Restitution
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, Public Record, Attorney Fees
J. Richman finds the lower court erroneously dismissed the car renters' collision-related claims. The rental car company's decision to offer various additional insurance policies to the renters for additional payments rendered it an insurer under Colorado law and allows the renters to bring claims for underpayment of benefits following a collision caused by an uninsured motorist. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: February 15, 2024, Case #: 2024COA15, Categories: Insurance, Contract
J. Gomez finds the lower court properly refused to dismiss a malicious prosecution claim. While summary judgment and directed verdict motions from previous lawsuits may be used by a trial court to determine the validity of a subsequent malicious prosecution case, the denial of such motions against the plaintiff in the malicious prosecution case do not deprive that plaintiff of probable cause. Summary judgment motions could be denied for any number of reasons, while directed verdicts require application of the strictest standards, neither of which precludes a party from bringing a malicious prosecution claim in the wake of adversarial decisions in a previous case. Affirmed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: February 15, 2024, Case #: 2024COA17, Categories: Civil Procedure, Malicious Prosecution, Negligence
J. Taubman finds the trial court properly sua sponte decided not to include a self-defense instruction during defendant's trial on assault and child abuse charges. Although his wife, one of the victims, armed herself with a knife at one point during the attack, there was no evidence she ever attacked defendant, while his own attorney also declined to request such an instruction. Meanwhile, defendant's harassment convictions should not have been merged with his assault convictions because they were not only based on separate conduct, but also include different state of mind elements that prevent merger under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Taubman, Filed On: February 15, 2024, Case #: 2024COA13, Categories: Assault, Domestic Violence, Self Defense
J. Schock finds that although defendant completed the deferred judgment and sentence portion for several sexually-based offenses, the lower court properly denied his motion to be removed from Colorado's sex offender registry. He was convicted of assault in the same case and, therefore, is ineligible for removal. The exception that allows for removal from the registry following completion of a deferred sentence requires dismissal of the criminal case, but because defendant's assault conviction was not dismissed, and never will be, the exception does not apply to him. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: February 15, 2024, Case #: 2024COA14, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Schutz finds that in class actions where a request for class certification is denied, the lead plaintiff may still bring an individual claim against the defendant, and because there were questions of fact in this case as to whether the lead plaintiff suffered damages under the Colorado Consumer Protection Act, his claim will be reinstated. Although the lead plaintiff was reimbursed by his credit card company for unauthorized monthly charges assessed by the charity, the charity provided no evidence to prove it had made payments to the credit card company and, therefore, can be held liable for damages. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 15, 2024, Case #: 2024COA16, Categories: Damages, Consumer Law, Class Action
J. Johnson finds that when a trial court fails to issue the empanelment oath to a jury without objection and the jury renders a verdict, the error is not a structural one that requires automatic reversal of a defendant's convictions, but is one that must be reviewed for plain error. The right to a sworn jury is not protected by either the federal or state constitutions, and the Colorado legislature has not put such a right into law. In this specific case, the trial court still provided expansive instructions and guidance to the jury, and so the lack of an oath does not cast serious doubt on the verdict, which will be upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: February 8, 2024, Case #: 2024COA11, Categories: Criminal Procedure, Jury
J. Tow finds the trial court properly granted the father's motion and allowed the child to be administered a Covid-19 vaccine. No endangerment showing is required before a court can break an impasse between the joint decisionmakers of a minor. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: February 8, 2024, Case #: 2024COA12, Categories: Family Law, Health Care
J. Grove finds the marijuana business seller's appeal must be dismissed for lack of jurisdiction. The three issues presented, including judgment for the buyer, attorney fees and discovery sanctions, were decided months before the trial court entered the final judgment upon which the seller based its arguments and, therefore, the appeal is untimely.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: January 25, 2024, Case #: 2024COA10, Categories: Civil Procedure, Jurisdiction, Contract
J. Tow finds the trial court's decision to stream defendant's criminal trial and prevent any members of his family or the public to be physically inside the courtroom because of the Covid-19 pandemic constituted a partial closure unsupported by the record, but the potential violation of defendant's public trial rights does not rise to the level of a structural error that requires reversal of his convictions. Because the trial court made at least some analysis to support its decision, the appropriate remedy is a remand to allow for complete consideration of all required factors.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: January 25, 2024, Case #: 2024COA9, Categories: Criminal Procedure, Fair Trial, Judiciary
J. Yun finds the black juvenile defendants were not victims of selective prosecution when the state agreed to remand two white codefendants' cases to juvenile court. Although all four defendants were charged with the same crimes initially, the white defendants' cooperation with the prosecution allowed for different treatment of their cases. It was also undisputed one of the black defendants was the individual who shot and killed the victim during the robbery, which separated him from the remaining defendants, and when combined with their lack of cooperation, this was sufficient to allow the black defendants' cases to remain in adult court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: January 18, 2024, Case #: 2024COA7, Categories: Juvenile Law, Murder, Civil Rights
J. Freyre finds the trial court properly granted restitution requests made by the victim of defendant's domestic violence offense for ongoing care after the 90-day deadline for restitution orders had passed. The physical therapy costs incurred by the victim were unavailable within the 90-day window and were supported by sufficient evidence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: January 18, 2024, Case #: 2024COA6, Categories: Restitution, Domestic Violence
J. Fox finds the trial court properly admitted the injured driver's expert testimony about her impairment rating after the injuries sustained in the car collision. Although the American Medical Association guidelines are typically used in workers' compensation cases, the evidence was relevant in this case and allowed the jury to make a proper damages calculation based on the severity of the injuries, while the at-fault driver was also able to thoroughly cross-examine the expert about his findings. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: January 18, 2024, Case #: 2024COA8, Categories: Vehicle, Negligence, Experts
J. Kuhn finds that while the inmate was barred from filing a civil action as a poor person under the three strikes rule, the lower court was still required to consider the issue of the imminent danger exception raised in his filing. However, because the inmate failed to specify any individual who poses an immediate threat to his safety and makes no credible claims of assault or other injuries, the complaint was meritless and the exception did not apply. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: January 11, 2024, Case #: 2024COA5, Categories: Civil Procedure, Prisoners' Rights
J. Lipinsky finds the trial court erroneously granted the state's motion for a continuance in a juvenile's arson and burglary case. The juvenile court must apply the same standards as those used in adult court when considering a motion for a continuance past the speedy trial deadline. The prosecutor requested the continuance because of the alleged unavailability of witnesses during Thanksgiving week, but because she failed to include specific witnesses who would be absent or why their testimony was crucial to the state's case, the continuance should not have been granted and the juvenile's order of delinquency will be vacated. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: January 11, 2024, Case #: 2024COA4, Categories: Criminal Procedure, Juvenile Law, Speedy Trial
J. Schutz finds the lower court erroneously granted the mother's motion to dismiss the father's request to return the couple's child to Mexico under the Hague Abduction Convention. Although the mother was granted custody of the child during divorce proceedings, the father did not relinquish all of his "patria potestas" rights under Mexican law. Nothing in the divorce decree constitutes an explicit concession of the father's parental rights and so the case must be remanded to the trial court to allow for consideration of the merits of the father's claims. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: January 4, 2024, Case #: 2024COA2, Categories: Family Law, International Law
J. Freyre finds the trial court properly denied defendant's motion to suppress the results of a blood-alcohol lab test. The Covid-19 pandemic constituted an extraordinary circumstance that allowed law enforcement to conduct only lab tests, and not breathalyzers, when they suspected individuals of DUI offenses. Meanwhile, the results of the field sobriety tests were also properly admitted into evidence because the arresting officer told defendant twice the tests were voluntary, while there was also no evidence of coercion on the part of the officer. Affirmed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: January 4, 2024, Case #: 2024COA1, Categories: Evidence, Dui
J. Gomez finds the former estate administrator's appeal must be dismissed for lack of jurisdiction because he failed to file the appeal within the state's 49-day appeal deadline. Although he requested an extension of the deadline to file post-trial motions, such a request does not toll the deadline for appeals of a magistrate's decision, which rendered the appeal late by more than two months.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: January 4, 2024, Case #: 2024COA3, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Brown finds the lower court erroneously granted the senior living community's motion to dismiss a resident's request to see its bank statements. Records produced by a third party - in this case, the community's bank - are subject to disclosure to a resident under the Colorado Common Interest Ownership Act and clearly fall under the category of a "detailed record of receipts and expenditures." Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: December 28, 2023, Case #: 2023COA125, Categories: Evidence, Public Record
J. Schutz finds the state met its burden to disprove defendant's heat of passion sentence mitigator. Although he shot the victim during an intimate interaction with his wife, there was evidence defendant waited in the parking lot of a gym to discover the pair and he made a statement to the victim about messing with married women, which indicated premeditation. Furthermore, the exclusion of a disruptive livestream participant during the trial did not violate defendant's right to a public trial. It did not act as a closure of the courtroom and the participant could still attend proceedings in person, while there was also no evidence the participant was related or connected in any way to defendant or his family. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: December 28, 2023, Case #: 2023COA124, Categories: Constitution, Fair Trial, Murder
J. Freyre finds the failure by the trial court to include a complicity instruction during defendant's trial on a murder charge constituted a structural error. While the jury found him guilty of second-degree murder, it found he did not use a deadly weapon, which is entirely inconsistent with the state's theory of the case that defendant was the shooter. Therefore, the state failed to prove every element of the murder charge and defendant's conviction must be vacated.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: December 21, 2023, Case #: 2023COA121, Categories: Murder, Jury Instructions
J. Lipinsky finds the lower court erroneously dismissed the business's petition for judicial review as untimely. The business could not discern from the labor department's initial decision the date on which the 35-day appeal period began to run. The notice mailed to the business contained the date of the decision, but no information about when it was mailed, which is included in the statutory language about the 35-day deadline, and so the case must be remanded to allow the court to decide the case on its merits. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: December 21, 2023, Case #: 2023COA123, Categories: Civil Procedure, Labor
J. Lum finds that defendant's conviction for second-degree assault was supported by sufficient evidence despite the temporary nature of the victim's hearing loss. The use of the word "protracted" in the criminal statute does not mean a permanent injury; rather, the standard definition of the term means prolonged or extended, which was satisfied in this case by the victim's loss of hearing for nearly five months. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: December 21, 2023, Case #: 2023COA122, Categories: Evidence, Assault
J. Harris finds defendant's waiver of his right to an attorney was valid even though he made the choice to preserve his trial date and avoid a continuance. The choice between a continuance and pro se representation was not unconstitutional and, therefore, the waiver was entered knowingly and voluntarily. Meanwhile, the trial court was not required to sua sponte appoint an attorney when defendant proved ineffective as his own attorney because a knowing waiver of a defendant's right to counsel necessarily involves the risk of poor representation but does not allow a trial court to intervene. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: December 14, 2023, Case #: 2023COA119, Categories: Constitution, Sex Offender, Self Representation
J. Harris finds the trial court properly found defendant guilty for five counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse and one count of aggravated incest. Defendant's daughter and friends reported the abuse in their 20's, which led to defendant's arrest. Defendant sought substitution of counsel, and after admonishment, he requested to represent himself. The waiver is not invalidated merely because he had to choose between self-representation and maintaining a particular court date. Defendant knowingly and intelligently waived his right to counsel. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 2023COA119, Categories: Sex Offender, Self Representation, Child Victims