Colorado, January, 2005, State Case law

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State Courts - Colorado - January 10 - January 12, 2005

Bd. of Assessment Appeals v. Sampson , Case No. 03SC451, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Taxpayer was only required to prove assessment was incorrect to prevail at Board of Assessment Appeals proceeding, thus appeals court erred in requiring him to establish appropriate basis for an alternative reduced valuation under market approach.

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Hall v. Levine, Case No. 04SA179, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Court erred in granting a motion for a new trial where, during a post-trial conversation with jurors, several jurors stated that the verdict had not been unanimous, and the court improperly used those post-verdict statements to impeach the verdict.

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People v. Harding, Case No. 03SC803, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Court's Curtis advisement was defective because it did not advise defendant that the jury could consider his prior felony conviction for the limited purpose of how it bore upon his ability to be truthful, that is, his "credibility."

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People v. Blase, Case Number: 03PDJ094 (consolidated with 03PDJ106, 04PDJ005, and 04PDJ070), SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 10, 2005, Decided
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Overview: Attorney was disbarred where she failed to provide disclosures, failed to participate in a case management order, failed to appear at status conferences, failed to comply with court orders, failed to return the clients' files and papers, and she kept the unearned portion of their retainer.

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People v. Blase, 03PDJ094 consolidated with 03PDJ106, 04PDJ005 and 04PDJ070, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 10, 2005, Decided
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People v. Galvadon, Case No. 04SA166, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Defendant, the night manager of a liquor store, was entitled to Fourth Amendment protection against the seizure of evidence from the store's back room because he had a reasonable expectation of privacy from government intrusion in the back room.

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People v. Kirk, Case No. 04SA206, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Court erred in suppressing evidence where the search of defendant's purse was proper because it was a proper search incident to the arrest of the driver, and defendant's purse was in the passenger compartment of the vehicle.

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People v. Muckle, Case No. 03SC775, SUPREME COURT OF COLORADO, January 10, 2005, Decided
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Overview: Consecutive sentencing was appropriate where defendant's shots were sufficiently distinguishable from each other, and the mere possibility that identical evidence supported the convictions was not enough to take away sentencing discretion.

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People v. Franklin, 04PDJ047, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 12, 2005, Decided
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Overview: The attorney's disbarment from the practice of law was proper where he converted client funds and offered no explanation for his conduct. Thus, the hearing board was left with no basis to vary from the ABA Standards for Imposing Lawyer Sanctions.

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People v. Franklin, 04PDJ047, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 12, 2005, Decided
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