In a criminal case, the prosecution has the burden to prove all of the elements of the charged crime beyond a reasonable doubt. However, the prosecution is not allowed to use the testimony of the defendant to meet its burden. Moreover, the jury cannot draw any inferences based on whether or not the defendant has […]
Bloch & Chapleau News
Court of Appeals Rules that Great-Grandparents Do Not Have Visitation Rights
On January 31, 2013, the Colorado Court of Appeals ruled whether great-grandparents of a child have standing to request visitation under the Grandparent Visitation Statute, which is an increasingly prevalent area of family law. In this case, the child’s great-grandmother (grandmother of the child’s mother) requested visitation rights, which the child’s father opposed. Although the […]
Sudden Emergency Defense Abolished in Colorado
Defendants in negligence lawsuits in Colorado used to be able to ask the jury to excuse their conduct when the defendant was confronted with a “sudden emergency,” such as a patch of ice in the road. Not anymore. In a victory for personal injury plaintiffs, the Colorado Supreme Court abolished the sudden emergency defense in […]
Introduction to Colorado Civil Trial Courts
The Colorado court system has three basic levels of civil trial courts, each with its own jurisdictional limits and rules of procedure: (1) Small Claims Court; (2) County Court, and (3) District Court. Small Claims Court cases have a damages cap of $7,500, and generally do not allow attorneys to participate, unless the defendant chooses […]
Dog Bite Claims are On The Rise
Dog attack law suits are on the rise. Insurance companies paid out about $479 million for dog bite and dog attack claims in 2011, according to a recent study by the Insurance Information Institute. These claims are typically paid under homeowner’s liability policies. In addition, the average amount paid per claim has risen 54% since […]
Commercial Trucks Can Pose A Danger to Other Drivers
The United States economy relies on commercial trucks to deliver 70% of all freight transported annually. There are 15.5 million commercial trucks on the roads in the United States and the transportation industry logs well over 4 billion miles every year. With the legal weight of an 18-wheel truck at 80,000 pounds and an average […]
