In 1993, a jury found defendant guilty of first degree arson. In May 1996, following a series of events not relevant to this appeal, the district court sentenced defendant to eight years of intensive supervised probation (ISP) and ordered him, as a condition of probation, to serve two years in the county jail on work release. Although the court set a hearing at that time to determine the amount of restitution owed, the hearing was stayed because defendant filed a notice of appeal challenging...  

I. Background... Claimant sustained a compensable occupational disease in 1980 that left her permanently and totally disabled. She received an award of continuing medical benefits to maintain her condition... In 2001, a medical utilization review (MUR) of claimant's care under Dr. Rook, her primary treating physician, resulted in a change of physician order entered by the director of the Division of Workers' Compensation. Dr. Rook appealed the director's order, which was affirmed by an ALJ and...  

I. Background... This is at least the third lawsuit in which various plaintiffs have filed a class action complaint against American Family based on its failure to offer optional personal injury protection (PIP) coverage consistent with the requirements of the No-Fault Act, ch. 94, section 13-25-1, et seq., 1973 Colo. Sess. Laws 334, (formerly codified as amended at section 10-4-701, et seq.; repealed effective July 1, 2003, ch. 189, section 10-4-726, 2002 Colo. Sess. Laws 649)... ... ... A....  

I. Background... The record before us, albeit incomplete, reflects that grandmother originally assumed the care and custody of the... ... ... children with mother's consent. Pursuant to uncontested orders, grandmother received guardianship of M.J.K. and R.A.K. and decision-making responsibility and primary residential care of M.K.D. and Z.D.D. These orders do not reflect that the guardianships, parental responsibilities, or residential care were to be temporary. Moreover, it is undisputed that...  

I. Summary... The issue presented for review, as framed by Wagner, is as follows:... Whether Travelers is exempt from the duty to disclose to its customers truthful information about the scope of [UM/UIM] insurance coverage and to deal fairly with them, solely because [Travelers] requires its customers to purchase UM/UIM insurance on all of their insured vehicles or on none of those vehicles... Wagner contends that the trial court erred in granting summary judgment on his claim that Travelers...  

Petitioner, Wolf Ranch, LLC, contends respondent, City of Colorado Springs, violated the Act by refusing to exempt it from drainage fees imposed on land developers. We hold the imposition of these fees is not the type of land use decision that would trigger the Act. Accordingly, we affirm the judgment denying relief, albeit for reasons different from those relied on by the district court... I. Background... Wolf Ranch owns some 1,900 acres of land in Colorado Springs. This land is among the...  

In 2006, claimant sustained an injury to her right knee while at work. Employer referred her to a physician (one of employer's physicians) who released her to full duty two days after the incident. Claimant resumed full duty, but again requested medical treatment two days later. Claimant returned to the same medical group, but saw a different physician (another of employer's physicians), who opined that he could see no direct link between her work with employer and the injury. The physician...  

The decedent was bench pressing free weights at SWDRC when the barbell slipped from his hands and landed on his neck, resulting in fatal injuries. The decedent was twenty-one years old at the time of his death and had Down's syndrome. He was employed part-time at the SWDRC as an assistant custodian. On the day of his death, he was lifting weights by himself after he finished working at the SWDRC... Plaintiffs brought this wrongful death action seeking damages as a result of the decedent's...  

In December 2005, claimant sustained an industrial injury. On November 15, 2006, the treating physician placed him at maximum medical improvement (MMI) and rated his impairment at nineteen percent of the whole person. His employer, District 60 Maintenance Center, and its insurer, SCA Claims Management, LLC (collectively employer), received the physician's report on November 29, 2006, and filed a notice and proposal seeking a Division-sponsored independent medical examination (DIME) on December...  

I. Introduction... In this appeal, we review the district court's affirmance of the county court's grant of the defendant's motion suppressing testimony of the arresting officer's observations at the time of the stop and arrest of the defendant in a driving under the influence case.1 We reverse. Absent evidence to the contrary, we hold that when a defendant files a motion to suppress claiming that his Fourth Amendment rights were violated, this initial allegation suffices to establish that he...  

Pursuant to C.A.R. 21, we accepted jurisdiction in this original proceeding to consider whether the District Court for El Paso County lacked subject matter jurisdiction or erred as a matter of law by applying the wrong legal standard in ordering the release of the El Paso County Sheriff's internal affairs investigation file ("the file") concerning former deputy sheriff Shawn Moncalieri. The petitioners are two brothers ("John Does") who were wrongfully arrested twice because of...  

JUSTICE COATS dissents, and JUSTICE EID joins in the dissent... ... ... This water case is now in its 15th year. It was filed in 1994 with an application for conditional water rights and an augmentation plan for 205 wells to be constructed in five Jefferson County mountain subdivisions in the Turkey Creek and Bear Creek sub-basins of the South Platte River Basin... From the outset of the case, the owners of existing small capacity wells in the vicinity of three of the subdivisions, Mountain...  

JUSTICE EID concurs in the judgment, JUSTICE RICE and JUSTICE COATS join in the concurrence... ... ... Introduction... In this case involving article X, section 20 of the Colorado Constitution ("Amendment 1"),1 we review the court of appeals' opinion in Barber v. Ritter, 170 P.3d 763 (Colo. App. 2007).2 In that opinion, the court of appeals held that Petitioners/Cross-Respondents Douglas Barber, Heggem-Lunquist Paint Company, and Rick Kerber ("Petitioners"), as Colorado...  

JUSTICE BENDER dissents, and CHIEF JUSTICE MULLARKEY and JUSTICE MARTINEZ join in the dissent... ... ... Reyes sought review of the court of appeals' judgment in People v. Reyes, 179 P.3d 170 (Colo. App. 2007), which affirmed his convictions on numerous criminal charges arising from a home invasion. Before trial, the district court denied his motions to dismiss for various violations of the anti-shuttling provision of the Interstate Agreement on Detainers. The court of appeals upheld that...  

This original proceeding arises out of a traffic accident in which Respondent, David J. Cantrell, suffered serious bodily injury. Cantrell alleges that Petitioner William R. Cameron's negligence caused the accident, as Cameron's laptop computer was lying open on the passenger seat of his vehicle at the time of the accident. Cameron denies he was using the laptop when the accident occurred and seeks reversal of the Jefferson County District Court's order requiring him to produce his laptop for...  

The prosecution brought this interlocutory appeal pursuant to C.A.R. 4.1, challenging the trial court's suppression of a handgun the police discovered when searching a vehicle in which the defendant, David Lee Marquez, was a passenger. The police stopped the vehicle on reasonable suspicion of exceeding the speed limit. The police arrested the driver on an outstanding warrant and searched the vehicle, discovering the gun in the back seat Marquez had been occupying... In this prosecution against...  

I. Background... On March 23, 1998, defendant, his cousin, and several others were involved in an altercation with another group of men, including the two victims here, one of whom was shot to death and the other of whom was shot and seriously wounded. The shootings occurred when defendant drove a van, occupied by his cousin and others, into an alley and the car in which the victims were riding followed. One occupant got out of the car and approached the driver's side of the van. An occupant of...  

I. Procedural Background... In 1999, Hodge pleaded guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to first degree burglary and third degree sexual assault. The trial court sentenced him to the Department of Corrections (DOC) for concurrent terms of thirty years and two years, respectively. Hodge then filed a Crim. P. 35(a) motion, arguing that his burglary sentence was illegal under Apprendi v. New Jersey, 530 U.S. 466 (2000), which the trial court denied. On appeal, a...  

Pursuant to a plea agreement, defendant pleaded guilty to aggravated felony theft. With respect to sentencing, the People agreed not to object to a direct sentence to community corrections, and the parties agreed that the length of any community corrections sentence would be open to the court. The parties also agreed to a six-year cap on any prison sentence imposed... In accordance with the terms of the plea agreement, the district court sentenced defendant to community corrections for nine...  

I. Background... On January 9, 2006, defendant took a 1996 Ford Ranger pickup truck from a Fort Collins Ford dealership, purportedly for a test drive. Thirteen hours later, he was pulled over by the police in Kansas, driving the same pickup truck. He was charged with, and convicted of, theft in violation of section 18-4-401, C.R.S. 2008, and second degree aggravated motor vehicle theft in violation of section 18-4-409(4), C.R.S. 2008... Defendant was also charged with five counts under the...