9 results for 'judge:"Lum"'.
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. Lum finds the lower court properly denied the city's motion to exclude the draft of an annual financial report from the resident's public records request. Although the document was prepared for the benefit of elected officials, it was required to be sent to the state auditor and, therefore, did not involve any official discretion and was not work product subject to exemption under the Colorado Open Records Act. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: March 28, 2024, Case #: 2024COA30, Categories: Government, Public Record
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. Lum finds a Black Lives Matter representative was not entitled to dismissal of the defamation claim filed by the director of the Board of Education for Denver Public Schools regarding a comment made following her testimony before the Colorado legislature. At that point, she was aware no criminal charges would be filed against the director and had asked the director to speak at a charity event, which would allow a reasonable jury to conclude she knew her statements about alleged sexual assaults were false at the time she made them. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: September 28, 2023, Case #: 2023COA88, Categories: Anti-slapp, Defamation, Emotional Distress
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J. Lum finds the lower court erroneously determined several statements made by the accusers were covered by absolute immunity. Although they were made in connection with a Title IX investigation, the student accused of sexual assault was not granted a hearing or able to call and cross-examine witnesses, which rendered the proceedings legislative, not quasi-judicial, in nature. Furthermore, the lower court erroneously granted the anti-SLAPP motion to dismiss filed by the accusers and their mothers because the accused student's acquittal in a criminal trial and various inconsistencies in the accusers' stories would allow a reasonable jury to consider the emails sent after the criminal trial to be defamatory and sent with malice. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: September 28, 2023, Case #: 2023COA87, Categories: Anti-slapp, Immunity, Defamation
J. Lum finds the lower court properly dismissed the tort action as untimely when the individual failed to file her complaint prior to the Saturday on which the filing period expired. Colorado's rules of procedure do not extend the filing deadline for a tort action past the three-year statute of limitations if that period ends on a Saturday, Sunday or legal holiday. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: September 14, 2023, Case #: 2023COA79, Categories: Civil Procedure, Tort
J. Lum finds that the trial court properly dismissed a personal injury complaint as untimely since law does not extend the three-year statute of limitations to the next day the court is open if the limitations period expires on a Saturday, Sunday or holiday. But it was error to award defendant attorney fees since the trial court construed his motion to dismiss under the incorrect rule of civil procedure. Vacated in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: July 13, 2023, Case #: 22CA0463, Categories: Civil Procedure, Negligence, Attorney Fees
J. Lum finds that the trial court properly declined to grant immunity to a sheriff's deputy in a car collision action. The waiver of immunity for car collisions under the Governmental Immunity Act applies because a sheriff's office is a public entity and it can face liability under the doctrine of respondeat superior for its deputies' actions. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: July 13, 2023, Case #: 22CA0857, Categories: Immunity, Negligence