People v. Steinberg
Colorado Court of Appeals
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
- Atchison, Topeka & Santa Fe R. R. Co. v. TannerSupreme Court of Colorado · 1894
- Peaker v. Southeastern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1971
- Haley v. ElliottSupreme Court of Colorado · 1894
3Cited by3 opinions
- Brooks v. StateCourt of Special Appeals of Maryland · 1991
- People v. CerroneColorado Court of Appeals · 1989
- Torrez v. EdwardsColorado Court of Appeals · 2004