Colorado Court of Appeals to Hear Arguments at Monarch High School on Tuesday, April 9, 2013.

The Colorado Court of Appeals will hear oral arguments in two cases on Tuesday, April 9, 2013, at Monarch High School in Louisville before students and the public.  The following is taken from the Court’s press release:

The visit is part of the Colorado Judicial Branch’s Courts in the Community, the outreach program the Colorado Supreme Court and Court of Appeals initiated on Law Day (May 1), 1986. The Courts in the Community program was developed to give Colorado high school students firsthand experience in how the Colorado judicial system works and illustrate how disputes are resolved in a democratic society. These are not mock proceedings. The court will hear arguments in actual cases from which it will issue opinions. The court generally issues opinions within a few weeks of the arguments.

Daniel M. Taubman (presiding), Dennis Graham and Robert D. Hawthorne will be the presiding judges.


Opening remarks 10 a.m. – 10:15 a.m.

12CA0956, Evans v. BCB Properties- 10:15 a.m. – 10:45 a.m.

Judges conference; attorneys answer students’ questions – 10:45 a.m. – 11 a.m.

11CA1074, People v. Benitez – 11 a.m. – 11:30 a.m.

Judges conference; attorneys answer students’ questions – 11:30 a.m. – 11:45 a.m.

Judges answer students’ questions – 11:45 a.m. – 12 p.m.

Lunch, judges and selected students – 12 p.m. – 1:30 p.m. (est.)

Here is a summary of the two cases.

Leslie R. Evans and Esther H. Evans v. BCB Properties LLC and Alan Towbin: Mr. and Ms. Evans, who had owned a condominium in Telluride, have asked the Court of Appeals to review a trial court’s order dismissing their claims against a company that owns part of the building where their condominium building.  Mr. and Ms. Evans had sued BCB Properties, claiming that odors from the operation of a brewpub in the same building diminished the value of their property and delayed its sale.  Mr. and Ms. Evans also argued that BCB was liable for failing to stop the brewpub from producing the odors.  The trial court, following a non-jury trial, concluded that BCB did not unreasonably interfere with Mr. and Ms. Evans’ use and enjoyment of their condominium, and that they had knowingly given up any right to make a claim for nuisance caused by BCB’s actions.

People of the State of Colorado v. Joshua Patrick Benitez: The defendant has asked the Court of Appeals to review his convictions on charges of menacing and prohibited use of a weapon while intoxicated.  Mr. Benitez was convicted of pointing a rifle at an off-duty MorganCounty sheriff’s deputy and was sentenced to two years in prison.  Mr. Benitez argued that the trial court improperly allowed three types of evidence to be admitted at trial: evidence of his previous incarceration at the Morgan County Jail, evidence regarding his silence following his arrest, and evidence of ammunition that was found in his car and in his pocket.

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