| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-6457
|
Fisher v. Gibson
Habeas petitions were properly denied as untimely because equitable tolling was not warranted. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-5239
|
Huffman v. Saul Holdings Limited Partnership
On remand, district court doesn't have discretion to award attorney fees when appeals court in previously denied plaintiffs request for fees. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
98-16298
|
Katz v. United States
Order |
|
Nov. 19, 2001 | ||
|
00-10276
|
U.S. v. Mendoza
Defendant who sold false documents to illegal immigrants may have his sentence enhanced for preying on especially vulnerable victims. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35181
|
Mayes v. Massanari
Administrative law judge's determination that claimant isn't disabled is supported by substantial evidence and based on proper legal standard. |
Administrative Agencies |
|
Nov. 19, 2001 | |
|
99-16184
|
S.M. v. J.K.
Magistrate judge doesn't abuse discretion in making challenged evidentiary rulings. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-15716
|
Patelo Credit Union v. Sahni
Federal rules aren't violated when no material facts are in dispute and successor judge grants summary judgment as matter of law. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-17194
|
Bustamante v. Massanari
Only after SSI applicant has been found disabled under five-step inquiry should court examine whether alcohol abuse is contributing material factor. |
Administrative Agencies |
|
Nov. 19, 2001 | |
|
99-10446
|
U.S. v. Panaro
Amended opinion |
|
Nov. 19, 2001 | ||
|
98CA1735
|
People v. Frank
Trial court required to hold hearing to determine whether an inmate is entitled to earned-time credit. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-3579
|
San Gabriel Basin Water Quality Authority v. Aerojet-General Corp.
Attorneys who worked on previous matters involving defendant are not disqualified from current case. |
Attorneys |
|
Nov. 19, 2001 | |
|
98CA2166
|
People v. Koehler
Defendant does not have constitutional right to be sentenced by same judge who accepted his plea. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
97CA2225
|
People v. Blankenship
Juvenile's statements to police admissible even though made outside presence of parent where juvenile was runaway. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA1165
|
Claassen v. City and County of Denver
No taking occurred where landowners did not have property interest in navigable airspace over their property. |
Real Property |
|
Nov. 19, 2001 | |
|
99CA1203
|
People v. Stephenson
Colorado does not recognize crime of 'attempted felony murder.' |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA1485
|
Smith v. Mehaffy
Comparative negligence defense not available in legal malpractice action where alleged negligence of client occurred prior to the attorney's representation. |
Torts |
|
Nov. 19, 2001 | |
|
99CA0436
|
People v. Johnson
Conviction of criminal impersonation does not require act in addition to assumption of false identity. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-30285
|
U.S. v. Buckland
Order |
|
Nov. 19, 2001 | ||
|
99CA2089
|
Pueblo School District No. 60 v. Colorado High School Activities Association
No violation of Open Meetings Law where school district had actual knowledge of meeting regarding classification. |
Government |
|
Nov. 19, 2001 | |
|
99CA2436
|
Heath v. Parker
Public road not abandoned where it is still used for recreational purposes. |
Real Property |
|
Nov. 19, 2001 | |
|
96CA0840
|
People v. Kenny
Attorney's suspension from practice of law does not necessarily amount to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99CA1193 and 99CA1497
|
Sereff v. Waldman
Doctors employed by public hospital are not entitled to immunity under Colorado Governmental Immunity Act. |
Torts |
|
Nov. 19, 2001 | |
|
99CA1728
|
E-470 Public Highway Authority v. Jagow
Where city annexation agreement did not require dedication of property for highway, landowners are entitled to compensation for damage to residue. |
Real Property |
|
Nov. 19, 2001 | |
|
99CA1973
|
People v. Ramirez
Testimony of child witness that included inconsistencies was not 'incredible' as a matter of law. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA2614
|
People v. Ellis
Firing weapon into crowded house constitutes 'universal malice' for purposes of 'attempted extreme indifference murder.' |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA0586
|
Atmel Corp. v. Vitesse Semiconductor Corp.
Non-solicitation clause in employment contract does not prohibit all contact by former employees with co-employees. |
Contracts |
|
Nov. 19, 2001 | |
|
99CA0851
|
People v. Jurado
Improper jury instruction did not warrant reversal of conviction of sexual assault. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
98CA1099
|
Koscove v. Bolte
Attorney not licensed in Colorado is not entitled to percentage of royalty payments recovered under contract for legal services. |
Attorneys |
|
Nov. 19, 2001 | |
|
00CA0755
|
Padre Resort, Inc. v. Jefferson County Board of Equalization
Projected economic conditions should not be considered in valuation of property for tax purposes. |
Taxation |
|
Nov. 19, 2001 | |
|
98CA2352
|
People v. Davalos
Restitution can only be ordered for acts that take place within the applicable statute of limitations. |
Criminal Law and Procedure |
|
Nov. 19, 2001 |