Editor’s note: Court opinions are summarized by Law Week Colorado
Colorado Supreme Court Opinions January 14th
Colorado v. Medved
John and Debra Medved challenged the Colorado Department of Revenue on the claim that the statute of limitations period ended for their ability to report conservation easement for tax credit. The department disallowed their credit since the transferees claimed credit for land before the land donor did. The Medved family claimed the department disallowed it too late, after their period to claim the credit had already ended. The Colorado Supreme Court reversed the decision from the Court of Appeals and decided that the statute of limitations begins when the donor first claims the conservation easement for tax credit.
Justice Brian Boatright did not participate in the decision.
People v. Burnett
After a Colorado State Patrol trooper pulled over a car for what was perceived to be an illegal lane change, it was discovered that Devon Burnett, a passenger in the vehicle, was illegally in possession of a handgun, methamphetamine and other drug paraphernalia. She was then charged with possession with intent to manufacture or distribute a controlled substance and illegal possession of a weapon. Burnett had prior convictions of unlawful firearm possession. The plaintiff argued that the search of the car was unlawful since the officer did not have a justified cause to pull over the driver and search the vehicle in the first place.
Under Colorado traffic regulations, it is not required for someone to signal for a significant distance before a lane change. The driver of the vehicle signaled twice in a 200-foot distance, therefore following Colorado law. Because of this, the defense argued that the officer had no ground to pull the driver and Burnett over in the first place.