| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
67680-1
|
Guardianship of Keffeler
State funds providing for care of foster children may not be reimbursed as 'creditor' from Social Security benefits. |
Administrative Agencies |
|
Oct. 21, 2001 | |
|
19443-4-III
|
Schuman v. Dept. of Licensing
Department of Licensing improperly analyzed collateral estoppel element when affirming revocation of driver's license. |
Civil Procedure |
|
Oct. 21, 2001 | |
|
00-1532
|
Noel v. Martin
Order |
|
Oct. 21, 2001 | ||
|
99SC379
|
DeHerrera v. Sentry Insurance Co.
Excluding relatives of named insured from personal injury protection and uninsured motorist coverage based on their occupancy in particular vehicle violates public policy. |
Insurance |
|
Oct. 19, 2001 | |
|
99SC926
|
City and County of Denver v. Board of Assessment Appeals
Legislature has not made any provision for Fire and Police Pension Association to be exempt from ad valorem taxation. |
Taxation |
|
Oct. 19, 2001 | |
|
99-3344
|
U.S. v. Lahue
Medicare Antikickback Act prohibts exchanging Medicare or Meidcaid referrals for purpose of knowingly and willfully obtaining payment. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99CA0977
|
People v. Wirsching
Where defendant is not informed as to mandatory period of parole, he must be allowed to withdraw his guilty plea. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00SC74
|
Hersh Companies Incorporated v. Highline Village Associates
Claims based on breach of warranty to repair or replace are governed by general statute of limitations for contract and warranty actions. |
Contracts |
|
Oct. 19, 2001 | |
|
00SC332
|
Dike v. People
County court retains jurisdiction to reconsider order of dismissal of criminal case until time of filing appeal expires. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99SC995
|
Dawson v. People
At providency hearing, trial court must advise defendant of possible sentence and parole, even when there is plea agreement with stipulated sentence. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
01-2140
|
U.S. v. Sandoval
Order |
|
Oct. 19, 2001 | ||
|
00SC240
|
Young v. People
At providency hearing, trial court must advise defendant of possible sentence and mandatory parole. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
S078176
|
People v. Peterson
Order |
|
Oct. 19, 2001 | ||
|
S086456
|
People v. Hightower
Order |
|
Oct. 19, 2001 | ||
|
S087381
|
People v. Fulgham
Order |
|
Oct. 19, 2001 | ||
|
00SC292
|
The Colorado Department of Labor and Employment v. Esser
Claimant's for mental impairment workers' compensation benefits are not required to present oral testimony. |
Workers' Compensation |
|
Oct. 19, 2001 | |
|
99SA137
|
In re Bauer
Attorney in criminal contempt proceeding possesses a Sixth Amendment right to be present at hearing on charges. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
00SA101
|
People v. Gall
Search conducted in reasonable good reliance on warrant is upheld. |
Constitutional Law |
|
Oct. 19, 2001 | |
|
00-70096
|
Murillo-Espinoza v. INS
Legal resident is deportable for having committed aggravated felony despite having conviction vacated. |
Immigration |
|
Oct. 19, 2001 | |
|
99-15857
|
Thornton v. McClatchy Newspapers Inc.
Employee was not disabled under federal law, but may have valid state claim under Fair Employment and Housing Act. |
Civil Rights |
|
Oct. 19, 2001 | |
|
99-56964
|
Bauer v. Sampson
College professor's illustrations and comments in school publication were constitutionally protected speech because they did not constitute true threats. |
Constitutional Law |
|
Oct. 19, 2001 | |
|
00-70375
|
Kaiser Aluminum & Chemical Corporation v. Bonneville Power Administration
Agency acted in accordance with law when it refused to sell petitioner surplus firm power at IP-96 rate. |
Administrative Agencies |
|
Oct. 19, 2001 | |
|
00-35355
|
Wildman v. Johnson
Habeas petition was properly dismissed because district court reasonably applied clearly established federal law. |
Criminal Law and Procedure |
|
Oct. 19, 2001 | |
|
99-15605
|
U.S. v. Mackby
Although defendant violated False Claims Act, statutory penalty and treble damages award is subject to excessive fines analysis under Eighth Amendment. |
Government |
|
Oct. 19, 2001 | |
|
99-15253
|
Cripe v. City of San Jose
Police officers with neck and back injuries qualify as individuals with disabilities under the Americans with Disabilities Act. |
Civil Rights |
|
Oct. 19, 2001 | |
|
99-35188
|
Kimberly Assoc. v. United States
Because United States was acting as private contracting party and not in sovereign capacity, quiet title action isn't barred by unmistakability doctrine. |
Government |
|
Oct. 19, 2001 | |
|
99-55977
|
Rollins v. Massanari
Conclusion that applicant for disability benefits was not disabled was supported by substantial evidence. |
Administrative Agencies |
|
Oct. 19, 2001 | |
|
98-35468
|
Morrison v. Hall
Statute that prohibits prisoners from receiving bulk rate, third and fourth class mail is unconstitutional as applied to certain subscription publications. |
Constitutional Law |
|
Oct. 19, 2001 | |
|
00-2270
|
Domann v. Vigil
Doctor isn't liable for negligence where plaintiffs failed to bring expert medical testimony that doctor did not perform hysterectomy in timely fashion. |
Torts |
|
Oct. 19, 2001 | |
|
00-2154
|
Lewis v. New Mexico Department of Health
Court correctly denies state officials' motion to dismiss based on 11th Amendment immunity when plaintiffs claims meet requirements of 'Ex parte Young.' |
Government |
|
Oct. 19, 2001 |