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   State Courts - Colorado - February 5, 2009

  
Ahluwalia v. QFA Royalties, LLC, Court of Appeals No. 08CA0162, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 5, 2009, Decided
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Cendant Corp. & Subsidiaries v. Dep't of Revenue, Court of Appeals No. 08CA0103, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 5, 2009, Decided
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Overview: Court erred in reversing the decision to reject the amended corporate tax return, because the published statutes and regulations in effect for tax year 2001 clearly allowed combined and consolidated returns together, and the affiliated corporate group was deemed to have had knowledge of the filing option before the filing deadline.

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Gf Gaming Corp. v. Taylor, Court of Appeals No. 08CA0475, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 5, 2009, Decided
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Overview: Award of costs for document coding was affirmed, because there was little functional difference between computerized legal research expenses and those for document coding, and the appellate court deferred to the trial court's finding that the document coding expenses were reasonably incurred.

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Hardesty v. Pino, Court of Appeals No. 07CA1105, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 5, 2009, Decided
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Huffman v. Westmoreland Coal Co., Court of Appeals No. 07CA2180, COURT OF APPEALS OF COLORADO, DIVISION SIX, February 5, 2009, Decided
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In re Powell, Court of Appeals No. 06CA1369, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 5, 2009, Decided
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People v. Moore, Court of Appeals No. 05CA1592, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 5, 2009, Decided
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Overview: Evidence was insufficient to prove that the value of the stolen evidence exceeded $ 15,000 under Colo. Rev. Stat. ¿ 18-4-410 because the majority of the victims' valuation testimony was based on speculation, guesses, assumptions, purchase prices many years old, and evidence not admitted at trial.

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People v. Oram, Court of Appeals No. 07CA0023, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 5, 2009, Decided
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People v. Orozco, Court of Appeals No. 06CA1533, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 5, 2009, Decided
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Overview: Trial court abused its discretion by denying defendant's motion for funds to hire an expert under Chief Justice Directive 04-04, ¿ IV(D)(c) because it accepted that defendant had become indigent in the course of the case, even though he was represented by private counsel, and that there were insufficient funds with which to hire an expert.

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People v. Perez, Court of Appeals No. 07CA1746, COURT OF APPEALS OF COLORADO, DIVISION SEVEN, February 5, 2009, Decided
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Overview: Under Fourth Amendment, search of locked glove compartment was proper as it was incident to lawful arrest. Under Colo. Rev. Stat. ¿ 18-1.3-401(1)(a)(V)(A), (10)(a), (10)(b)(XI), 15 year sentence for possession with intent to distribute methamphetamine was proper as it was in presumptive range and community corrections sentence was inappropriate.

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