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   State Courts - Colorado - January 8 - January 16, 2003

  
People v. Kocel, Report, No. 02PDJ035, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 8, 2003, Decided
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State v. Kocel, Case Number: 02PDJ035, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 8, 2003, Decided
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Overview: An attorney was suspended from practicing law because his failure to pursue a client's claim and appear at workers' compensation hearings ultimately led to the dismissal of the client's case, which was an aggravating sentencing factor.

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City of Northglenn v. Ibarra, Case No. 01SC245, SUPREME COURT OF COLORADO, January 13, 2003, Decided
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Overview: Because an ordinance, in regulating the placement and movement of adjudicated delinquent children in state-created families, regulated a matter of statewide concern, the ordinance was preempted.

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People v. Sepulveda, No. 02SC6, SUPREME COURT OF COLORADO, January 13, 2003, Decided
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Overview: Court's instruction that jury could not use intoxication as a defense to after deliberation element of murder undermined verdict on an essential element of crime charged, and led to reversal of first-degree murder conviction.

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Rhino Linings United States v. Rocky Mt. Rhino Lining, Case No. 01SC447, SUPREME COURT OF COLORADO, January 13, 2003, Decided
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Overview: Court ordered treble damages awarded to a dealer under the Colorado Consumer Protection Act (CCPA) vacated. There was no valid claim under the CCPA because there was no evidence that the manufacturer engaged in a deceptive trade practice.

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People ex rel. A.K., Court of Appeals No. 02CA0554, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 16, 2003, Decided
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Overview: A duty of support was imposed on the father even though the mother and children lived in Russia. The trial court should have considered the mother's evidence of total living expenses in deciding whether deviation from the guidelines was proper.

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People v. Klausner, Court of Appeals No. 00CA2381, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 16, 2003, Decided
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Overview: In a prosecution of defendant for first degree sexual assault on an at-risk adult, there was sufficient evidence from which the jury could have found that the victim was "physically helpless" within the statutory definition of that term.

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People v. Trujillo, Court of Appeals No. 01CA1558, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 16, 2003, Decided
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Overview: The restitution order for the cost of installing a burglar alarm system in the victim's home was reversed, as there were no findings to show that the victim's diminished feeling of security could be reasonably calculated and recompensed in money.

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Regan v. People, No. 02PDJ102, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 16, 2003, Decided
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