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People Ex Rel. Jcr
Colorado Court of Appeals · 2011-05-12
This case is a dependency and neglect proceeding in which the Arapahoe County Department of Human Services sought termination of parental rights after removing three children due to a domestic violence incident and prior referrals involving violence and suspected drug use. The parents' treatment plans required substance abuse and mental health evaluations, stable housing and employment, appropriate visitation, and domestic violence treatment for the mother; the trial court terminated the rights after finding the plans had not been successfully followed. The mother appealed on grounds that Indian Child Welfare Act notice requirements were unmet, but the court held there was no reason to know or believe the children were Indian children. The father appealed the sufficiency of evidence supporting his termination, but the court found the record supported the trial court's conclusions that he had not reasonably complied with the plan and could not become fit within a reasonable time. The Colorado Court of Appeals affirmed the terminations.
family law
In Re the Marriage of Kanefsky
Colorado Court of Appeals · 2010-09-02 · cited 5×
This case concerns whether non-attorney conservators and guardians appointed for an incapacitated spouse may file and pursue an appeal of permanent orders in a marriage dissolution proceeding on her behalf. The Colorado Court of Appeals held that the conservators, who are not licensed attorneys, may not represent the protected person in court proceedings. The court reasoned that appearing in a representative capacity to protect or enforce another's legal rights constitutes the unauthorized practice of law under Colorado statutes and precedent, and that neither the Protective Proceedings Act nor C.R.C.P. 17(c) creates an exception allowing unlicensed fiduciaries to litigate pro se for a ward. The appeal was stayed for sixty days to permit the conservators to retain counsel, with dismissal to follow if they do not.
family lawprocedure
People v. Griffiths
Colorado Court of Appeals · 2010-06-10 · cited 15×
The case involved defendant Lynn Marie Griffiths, who was convicted after a jury trial of distributing methamphetamine, unlawfully possessing alprazolam, and possessing drug paraphernalia; she appealed the convictions and the imposition of a statutory drug offender surcharge. The court affirmed the convictions, concluding that the informant's testimony and recovered evidence matching the sting operation funds were sufficient to support the verdict despite credibility challenges, and that testimony about signs of prior drug use and related items was admissible res gestae evidence. On the surcharge, the court upheld its imposition because the defendant did not prove by clear and convincing evidence that incarceration rendered her unable to pay, given the statutory framework allowing collection from inmate accounts.
criminal lawprocedure
People v. Blackwell
Colorado Court of Appeals · 2010-06-10 · cited 17×
In People v. Blackwell, defendant Lamar Atu Blackwell was convicted of first-degree murder after deliberation, vehicular eluding with injury, and two habitual offender counts based on evidence from a gang-related shooting and ensuing police chase. On appeal, he contended that the prosecutor improperly coerced a defense witness (a former cellmate of a co-participant) into invoking the Fifth Amendment by warning of potential perjury charges, and that the trial court erred by excluding certain hearsay evidence as irrelevant or unreliable. The Colorado Court of Appeals affirmed the convictions, ruling that under the totality of the circumstances—including the manner, timing, and basis of the warnings communicated through independent counsel—the prosecutor did not substantially interfere with the witness's choice to testify. The court further held that the trial judge did not abuse its discretion in excluding the evidence, which failed to qualify as res gestae, an excited utterance, or residual hearsay, and found no cumulative error.
criminal lawcivil rightsprocedure
Colorado Consumer Health Initiative v. Colorado Board of Health
Colorado Court of Appeals · 2010-06-10 · cited 14×
The case concerned the Colorado Consumer Health Initiative's challenge to rules adopted by the Colorado Board of Health in 2001 and 2008 that set maximum fees health care facilities may charge patients and third parties for copies of medical records. The trial court granted summary judgment to the Board, concluding that the fee rules were valid, did not violate HIPAA or state statutes requiring reasonable cost-based charges, and were within the Board's authority. On appeal, the Colorado Court of Appeals affirmed the denial of the plaintiff's summary judgment motion, reversed the grant of summary judgment to the Board, and remanded for further proceedings after determining that genuine issues existed regarding the rules' compliance with statutory requirements under the Colorado Administrative Procedure Act.
healthcarebusiness & regulatoryprocedure
Newflower Market, Inc. v. Cook
Colorado Court of Appeals · 2010-04-29 · cited 19×
The case involved a dispute between Newflower Market, Inc. and Elizabeth Cook over whether Newflower's payments on promissory notes arising from a divorce-related settlement agreement satisfied its obligations to Cook, along with related issues of stock ownership and dilution. Newflower filed an interpleader action and deposited funds into the court registry, seeking declaratory relief that the payments fulfilled its debts and that Cook's retained stock was subject to standard dilution. The trial court granted summary judgment for Newflower, and the appellate court affirmed, concluding that the funds were properly interpleaded so contractual interest stopped accruing, the agreements' plain language showed the payments satisfied the notes, and Cook's stock rights matched those of other holders except for specific dilution protections in the contracts.
family lawbusiness & regulatoryprocedure