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   State Courts - Colorado - January 3 - January 4, 2002

  
City of Boulder v. Fowler Irrevocable Trust 1992-1, Court of Appeals No. 01CA0224, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 3, 2002, Decided
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Overview: In condemnation action for property situated on a floodplain, under the project influence rule, just compensation could not include any enhancement or reduction in value that arose from the very project for which the property was being acquired.

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City of Sterling v. Sterling Irrigation Co., Court of Appeals Nos. 00CA1828 & 01CA0492, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 3, 2002, Decided
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Overview: Court lacked jurisdiction over ditch company's counterclaims against city where the counterclaims related to matters concerning the use of water, and only water court had jurisdiction over those claims.

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In re Marriage of Martin, Court of Appeals No. 00CA0056, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 3, 2002, Decided
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Overview: Trial court abused its discretion in imposing upon father's current wife a 100-yard restriction to prevent her contact with parties' children, because of current wife's conflicts with former wife, as it was not the least detrimental alternative.

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People v. Honeysette, Court of Appeals No. 00CA0331, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 3, 2002, Decided
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Overview: In defendant's trial for sexual assault on a child, both the predicate act and the earlier pattern act could occur within the period alleged in the pattern of sexual assault count of the trial information where the period was less than 10 years.

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People v. Rodriguez, Court of Appeals No. 99CA2237, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 3, 2002, Decided
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Overview: Defendant had no legitimate expectation at the time he entered plea that, if his alternative sentence were revoked, his DOC prison term of the same length would not be followed by parole, and therefore, double jeopardy rights were not violated.

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People v. Skinner, Court of Appeals No. 00CA0522, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 3, 2002, Decided
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Overview: Defendant's convictions for first degree assault and attempted first degree murder were proper because they did not merge as first degree assault was not a lesser included offense of attempted first degree murder.

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People v. Wright, Court of Appeals No. 99CA0287, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 3, 2002, Decided
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Overview: Where defendant admitted understanding of mandatory parole requirement and lack of indication in record that the parties' negotiations included the issue of mandatory parole, court did not err in finding parole not included in sentence cap.

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Welby Gardens Co. v. Adams County Bd. of Equalization, Court of Appeals No. 01CA0307, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 3, 2002, Decided
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Overview: Board of assessment appeals erred in classifying greenhouse as agricultural for property tax purposes because the land served only to provide site for greenhouse operation, and products involved did not originate from the productivity of land.

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Carucci v. People, Case Number: 01PDJ071, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 4, 2002, Decided
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Overview: Attorney, who had been suspended for misconduct resulting from the false application for a loan, established by clear and convincing evidence that he was rehabilitated.

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People v. Carucci, 01PDJ071, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 4, 2002, Decided
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