Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
Brendan Shannon appealed his conviction of sexual assault on a child, sexual assault on a child as a pattern of abuse, human trafficking a minor for sexual servitude and sexual assault on a victim between 15 and 17 years of age.
The Colorado Court of Appeals addressed a matter of first impression and concluded a court may give a deliberating jury unrestricted access to recorded phone calls between a sexual assault victim and the defendant in which the defendant confesses to criminal conduct.
The appeals court addressed another matter of first impression and held Shannon’s conviction for human trafficking under Section 18-3-504(2)(a) of the Colorado Revised Statutes didn’t violate his right to equal protection of the laws because that statute proscribes conduct, in which Shannon engaged, that is not proscribed by the soliciting for child prostitution statute or by the inducement of child prostitution statute.
The appeals court affirmed.
James Woodall appealed the district court’s dismissal of his excessive force claim against Castle Rock police officer Luke Godfrey.
According to the opinion, Woodall suffered a mental health crisis that prompted a police dispatch to his home. Godfrey was one of the responding officers. On arrival, Godfrey saw Woodall standing in the street with a knife. Godfrey also saw fellow officer James Dinges pointing an “AR-15 [rifle]” at Woodall. Godfrey fired a specialty impact munitions shotgun, a nonlethal weapon. After Godfrey fired, Dinges shot Woodall four times with his rifle. Woodall was seriously injured but survived.
Woodall brought two claims for civil rights violations against Godfrey: use of excessive force and violation of due process. The district court granted Godfrey’s Colorado Rule of Civil Procedure 12(b)(5) motion to dismiss Woodall’s claims.
The Colorado Court of Appeals found the district court erred to the extent it dismissed Woodall’s excessive force claim based on Woodall’s failure to allege malice, “gross disproportionality” or that Godfrey’s actions “shocked the conscience.”
The appeals court reversed the judgment of the district court as to the excessive force claim and remanded the case.
The prosecution appealed the district court’s order dismissing the charge of menacing against Robert Allen III after prosecutors failed to present evidence at a preliminary hearing.
The Colorado Court of Appeals applied the Colorado Supreme Court case People v. Subjack, and distinguishing that case from People v. Allen, concluded Allen wasn’t in custody for the menacing charge although he was incarcerated in another state for a separate crime and had an active warrant for arrest in Colorado on the menacing charge; therefore, he wasn’t entitled to a preliminary hearing.
The appeals court reversed the court’s order and remanded for reinstatement of the menacing charge.
Annette English, who was previously in a romantic relationship with Michael Arnold and remained designated as the payable-on-death beneficiary of the bank account, contended she owned the account funds as a matter of law after Michael Arnold’s death.
Michael Arnold’s sister Lynn Arnold, who is the personal representative of his estate and primary beneficiary under his will, contended the account funds belonged to the estate because English waived her interest through a settlement agreement she entered into with Michael Arnold after their relationship ended.
The Colorado Court of Appeals concluded the settlement agreement didn’t waive English’s expectancy interest in the POD account. The appeals court reversed the district court’s order that held the account funds belong to the estate and remanded the case with instructions to enter an order holding that those funds belong to English.