139 results for 'court:"Colorado Court Of Appeals"'.
J. Gomez finds the lower court erroneously determined Colorado's anti-SLAPP legislation does not apply to forcible entry and detainer actions filed in county court. The language in the law is broad and encompasses all types of proceedings, regardless of the court they are filed in. Additionally, the lower court failed to conduct the required two-step analysis of the tenant's special motion to dismiss and so the case must be remanded for proper consideration of the merits. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: May 30, 2024, Case #: 2024COA61, Categories: Anti-slapp, Civil Procedure, Jurisdiction
J. Schutz finds the board of county commissioners properly denied the park district's request for inclusion of additional land and residential developments already included in an adjacent park district. The adjacent district already provides environmental and recreational services to the population inside the territory, while the creation of an overlapping district would include excessive taxation and defeat the purpose of legislation used to create the park districts. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: May 30, 2024, Case #: 2024COA62, Categories: Property, Real Estate, Zoning
J. Dunn finds the lower court erroneously denied defendant's motion to discontinue his sex offender registration requirements without a hearing. His severe mental disabilities render him eligible under the relevant statute; therefore, the case will be remanded to allow for a hearing to determine whether defendant poses a risk to society. Reversed.
Court: Colorado Court Of Appeals, Judge: Dunn, Filed On: May 29, 2024, Case #: 2024COA60, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Kuhn finds that the lower court properly denied a school board's motion to dismiss open meeting claims even though the attorney lived over 300 miles outside the district because the law provides all state residents standing to challenge violations, including the executive session described in the complaint. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: May 23, 2024, Case #: 2024COA59, Categories: Public Record, Jurisdiction
J. Grove finds that the trial court improperly determined an employee failed to establish she had been fired because the text message exchange could be read to support the employee's belief that she had been fired upon being sent home early and directed not to return the rest of the week. However, even though the employee reported safety concerns to state authorities, and even though being sent home may have been embarrassing, the workplace environment was not so intolerable that she had no choice but to resign. Thus, the court properly determined she could not prove constructive discharge, although the case should be reinstated on a theory of actual discharge. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 23, 2024, Case #: 2024COA58, Categories: Employment, Employment Retaliation
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J. Yun finds that a jury hearing negligence claims stemming from a car accident was improperly instructed on plaintiff's failure to mitigate damages on grounds that her pregnancy prevented her from receiving steroid injections because plaintiff did not "voluntarily" decide to become pregnant, and carrying both of her children to term and nursing them did not constitute "unreasonable" actions. Reversed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 23, 2024, Case #: 2024COA56, Categories: Jury, Damages, Negligence
J. Schock finds that the district court properly awarded default judgment in favor of the parents to partition joint tenancy property against the son. The son failed to present any arguments before the default judgment was entered and his allegations on appeal are not preserved or reviewable on the merits. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: May 16, 2024, Case #: 2024COA55, Categories: Property, Settlements
J. Lipinsky finds the trial court improperly convicted the defendant for felony DUI on the grounds of prosecution did not submit sufficient evidence. Therefore, this case is remanded to the trial court for entry of a judgment from felony DUI to misdemeanor DUI. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: May 16, 2024, Case #: 2024COA53, Categories: Evidence, Sentencing, Dui
J. Lipinsky finds the trial court erred in convicting defendant for vehicular eluding resulting in death, but upholds his convictions for assault, vehicular homicide and failure to fulfill duties after involvement in an accident involving death. There was an instructional error in the enhancer instruction to the jury on his vehicular eluding resulting in death conviction; the court failed to draw the distinction between the fatal crash while eluding police officers, and causing the crash after the eluding ended. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: May 16, 2024, Case #: 2024COA52, Categories: Vehicular Homicide, Jury Instructions
J. Grove finds the district court properly entered judgment in favor of a driver in this uninsured motorist claim stemming from the insurer’s client causing a car crash. The client failed to have a supervised adult in the vehicle since she only had a learner’s permit. The matter of attorney fees and cost is remanded for further proceedings. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 16, 2024, Case #: 2024COA54, Categories: Insurance, Vehicle, Negligence
J. Jones finds the lower court erroneously granted the first wife's motion to transfer her a piece of real estate from the trust after the trustee's death. The court failed to determine whether notice in writing was the only method the second wife could use to properly revoke the original trust and implement an updated trust that named her as beneficiary. Therefore, the case will be remanded to determine whether a "writing" is the exclusive notice method for termination of the trust. Reversed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 2024COA51, Categories: Real Estate, Trusts, Wills / Probate
J. Yun finds the lower court properly dismissed defendant's gross disproportionality challenge to his 48-year prison sentence. The second-degree murder charge to which he pleaded guilty following the fatal drunk driving crash is a per se serious offense, while the physical and emotional damage inflicted on both the victims and their families warranted the maximum sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 9, 2024, Case #: 2024COA49, Categories: Murder, Sentencing, Vehicular Homicide
J. Schutz finds that even though the law firm failed to disclose a conflict of interest in representing both the mother and absent father during probate and civil proceedings related to the wrongful death of their son, its misconduct was not so egregious that it precluded an award of attorney fees for work completed before the mother terminated the parties' contingency agreement. The firm engaged in significant advocacy for the estate and eventually earned the largest financial settlement in Colorado history. However, because it did not technically complete all of the work required under the contingency agreement, it was not entitled to 40% of the settlement amount, but will instead be awarded $1.4 million in fees. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: May 9, 2024, Case #: 2024COA50, Categories: Attorney Fees, Contract
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, Assault, Harassment
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: Sentencing, Sex Offender
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: Drug Offender, Evidence, Conspiracy
J. Tow finds the industrial claims office properly upheld an administrative law judge's ruling to award the estate workers' compensation benefits after the health care facility employee died of complications from Covid-19. The illness constitutes an "occupational disease" under Colorado law. At the time the worker contracted Covid-19, at least 30% of the facility's staff or residents had the illness, compared to just 0.3% of the surrounding community, which satisfied the requirement under the Colorado Workers' Compensation Act that his occupation exposed him to the illness at a "measurably greater degree" than a typical job. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: May 2, 2024, Case #: 2024COA47, Categories: Covid-19, Workers' Compensation
J. Lum finds the trial court erroneously dismissed defendant's menacing charge. Although he was incarcerated in Louisiana at the time of his preliminary hearing, he was not in custody on the Colorado menacing charge, but only had a warrant out for his arrest, which did not entitle him to a hearing. Therefore, the charge will be reinstated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA43, Categories: Criminal Procedure, Menacing
J. Lum finds the lower court erroneously dismissed excessive force claims filed by a suspect shot with specialty impact munitions and a rifle. The suspect was not required to prove the police officer acted with "malice" or that his actions "shocked the conscience;" rather, the standard governing excessive force claims requires only that the force used was objectively unreasonable and started a series of events that led to other officers using excessive force. The officer who fired the nonlethal round without any warning knew the officer with the rifle mistakenly believed the suspect had a gun and knew the nonlethal round would sound like a gunshot; therefore, his actions could be considered excessive and the case will be remanded for the proper analysis. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA42, Categories: Civil Procedure, Civil Rights, Evidence
J. Gomez finds that language in the settlement agreement between the decedent and his former girlfriend did not waive the girlfriend's interest in the funds of a "payable on death" bank account for which she was the named beneficiary. The agreement waived her rights only to bring claims regarding "past financial dealings," while her interest in the account stems only from her being named the beneficiary. Therefore, because the decedent did not remove the former girlfriend as beneficiary, she - not the estate - is entitled to the funds. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 25, 2024, Case #: 2024COA44, Categories: Civil Procedure, Settlements, Wills / Probate
J. Jones finds the trial court properly granted the jury full access to the calls between the victim of sexual assault and the assailant. A criminal court may give a jury unrestricted access to recorded telephone calls between the victim and their assailant in which the assailant admits to criminal activity. The calls are not victim testimony, but are more similar to police interviews of a criminal defendant that are always available in full to a jury. Meanwhile, defendant's conviction and sentence for human trafficking of a minor for sexual servitude did not violate his equal protection rights. Although he was convicted of lesser offenses at the same time, the conduct in his human trafficking charge was separate and more involved than that required for the lesser felonies. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: April 25, 2024, Case #: 2024COA41, Categories: Jury, Sex Offender, Equal Protection
J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: Arbitration, Civil Procedure
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: Civil Procedure, Insurance, Contract
J. Freyre finds the trial court violated defendant's right to a public trial on trespass and criminal mischief charges when it closed the courtroom and conducted the entire trial via livestream. It failed to make any of the findings required under Waller v. Georgia before it precluded members of the public from sitting in the gallery; therefore, defendant's convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: April 18, 2024, Case #: 2024COA37, Categories: Criminal Procedure, Fair Trial, Trespass
J. Sullivan finds the lower court properly elevated defendant's DUI case to a felony based on his previous convictions. While defendant was denied counsel during two previous DUI trials that resulted in convictions, the error did not deprive those trial courts of jurisdiction and, therefore, defendant's collateral attacks on the previous convictions were untimely. Affirmed.
Court: Colorado Court Of Appeals, Judge: Sullivan, Filed On: April 18, 2024, Case #: 2024COA38, Categories: Constitution, Dui, Jurisdiction
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, Elections, Defamation
J. Lipinsky finds the jury improperly acquitted defendant of attempted murder and assault, and found him guilty of attempted reckless manslaughter. Defendant argues the trial court erred by restricting his counsel from cross-examining the victim about his own pending criminal charges as being a biased violation of the confrontation clause. If the victim could have been cross-examined on bias or motive, it may have left a different impression on the jury. This case is remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: April 4, 2024, Case #: 2024COA33, Categories: Jury, Manslaughter, Witnesses
J. Tow finds the trial court improperly convicted defendant for trying to patronize a prostituted child and properly convicted him for soliciting for child prostitution, sexual exploitation of a child and attempted inducement of child prostitution. Defendant argues the attempted patronizing a prostituted child charge carries a harsher sentence and is the same charge as attempted inducement of child prostitution in a violation of his equal protection rights. The court agrees, so the charge is vacated and remanded back to the trial court for mittimus amendment. The rest of the charges remain. Affirmed in part. Vacated in part.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: April 4, 2024, Case #: 2024COA32, Categories: Constitution, Sex Offender, Prostitution