13 results for 'judge:"Lipinsky"'.
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. 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. Lipinsky finds the lower court properly denied defendant's petition for postconviction relief from his murder and robbery convictions. The constitutional rule of criminal procedure announced by the Colorado Supreme Court in Margerum v. People that allows a defense team to question a prosecution witness about their probationary status when the witness is on probation at the time of the trial is not a watershed rule that affects bedrock principles and, therefore, it does not apply retroactively. Although defendant could not question the prosecution's lead witness about his own criminal prosecution, such a limitation did not affect the fundamental fairness of the trial or violate defendant's due process rights. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA21, Categories: Criminal Procedure, Constitution, Due Process
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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. 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. 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. Lipinski finds the trial court properly lifted the Health Care Availability Act's $1 million cap on damages in the medical malpractice action and entered the jury's award of over $39 million. The child's permanent neurological injuries, including cerebral palsy, will require lifetime medical care, while the $1 million cap would not even have covered the family's past medical expenses. Although the court misinterpreted the law and determined it was required to either impose the cap or enter the jury award, its analysis of the damages calculations conducted by the jury satisfied statutory requirements and supported the damages award. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: November 16, 2023, Case #: 2023COA108, Categories: Jury, Damages, Medical Malpractice
J. Lipinsky finds the state's failure to timely process evidence before a criminal trial does not create a cause of action for civil rights violations to the victim of the crime and, therefore, the lower court properly dismissed the victim's complaint. The Colorado Victim Rights Act includes no language to allow victims to compel the processing of evidence by state actors, while the victim's indignation at the inability for the state to charge his assailant with attempted murder does not create a property interest or allow him to pursue damages for any constitutional violations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 26, 2023, Case #: 2023COA100, Categories: Civil Rights, Constitution, Due Process
J. Lipinsky finds the individuals who petitioned to have "Gender Queer: A Memoir" removed from a public library are library users under the Colorado Open Records Act and, therefore, their personal information was exempt from disclosure under the Act and properly redacted by the library. The reconsideration forms filled out by the petitioners are part of a service provided by the library, which entitles them to protection under the Act and prevents the public records requester from knowing their identities. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 5, 2023, Case #: 2023COA93, Categories: Civil Procedure, Public Record
J. Lipinsky finds the unemployment benefits panel properly denied the employee's request for benefits after she was placed on unpaid leave for her refusal to sign a Covid-19 vaccination policy exemption form. The refusal was an act of "deliberate disobedience" of her employer's reasonable request and, therefore, barred her from any benefits. Evidence in the record indicated the employer would not have reduced the employee's hours if she signed the form and, in fact, it had several full-time employees who worked without issue after being granted exemptions. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: August 10, 2023, Case #: 2023COA74, Categories: Employment, Covid-19
J. Lipinsky finds that the trial court should have allowed the jury to hear defendant's instruction on the felony murder affirmative defense. He was not required to admit to the predicate robbery felony in order to assert the defense, which was supported by some credible evidence that he did not know a gun was present, did not intend to engage in a robbery and that he tried to disengage from the crime when he learned a gun was present. Unlike the affirmative defenses of entrapment or self-defense, the felony murder affirmative defense does not justify or excuse the predicate offense. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: June 1, 2023, Case #: 21CA0976, Categories: Murder, Robbery, Jury Instructions