Legal Opinion

People v. Steinberg

Colorado Court of Appeals

Decided October 20, 1983No. 82CA1221PublishedCited by 3 opinions

1Opinion of the Court

TURSI, Judge.

The sole issue on appeal in this forfeiture action is whether it is proper to raise the defense of statute of limitations in a motion to dismiss pursuant to C.R.C.P. 12(b), or must it be raised as an affirmative defense in a responsive pleading pursuant to C.R. C.P. 8(c). The trial court found that the affirmative defense of statute of limitations was properly raised in a motion to dismiss, and therefore granted the motion. On appeal by the People, we affirm.

On May 27, 1981, a search of the condominium of defendants Phillip and Elizabeth Steinberg was conducted pursuant to…

2Cases cited3 opinions

  1. Atchison, Topeka & Santa Fe R. R. Co. v. TannerSupreme Court of Colorado · 1894
  2. Peaker v. Southeastern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1971
  3. Haley v. ElliottSupreme Court of Colorado · 1894

3Cited by3 opinions

  1. Brooks v. StateCourt of Special Appeals of Maryland · 1991
  2. People v. CerroneColorado Court of Appeals · 1989
  3. Torrez v. EdwardsColorado Court of Appeals · 2004

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