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   State Courts - Colorado - January 22 - January 29, 2001

  
A.C. v. People, No. 99SC472, SUPREME COURT OF COLORADO, January 22, 2001, Decided
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Overview: Judgment that a juvenile was not entitled to a jury trial affirmed. Trial court had not abused its discretion when it refused to grant a jury trial. The juvenile had not been charged with one of the listed crimes requiring a jury trial.

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Clementi v. Nationwide Mut. Fire Ins. Co., No. 99SC500, SUPREME COURT OF COLORADO, January 22, 2001, Decided
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Overview: In underinsured motorist case, once it was shown that insured had unreasonably provided delayed notice, insurer could only deny benefits if it could prove by a preponderance of the evidence that it was prejudiced by delay.

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Davidson v. McClellan, No. 99SA240, SUPREME COURT OF COLORADO, January 22, 2001, Decided
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Overview: A subsequent decision by the United States Supreme Court was insufficient justification to vacate the final judgment by the district court even where some of the parties in the federal cause of action were also parties in the state action.

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Outlaw v. People, No. 99SC662, SUPREME COURT OF COLORADO, January 22, 2001, Decided
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Overview: In a seizure of petitioner for suspected possession of cocaine, the fact that the area was known as a high crime area with previous drug arrests in the past did not constitute probable cause to stop and search an individual.

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People v. Martinez, No. 99SA206, SUPREME COURT OF COLORADO, January 22, 2001, Decided
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Overview: When the dissenting judge on a three-judge sentencing panel based his decision to not impose a death penalty sentence on a factual reason, as opposed to a legal one, the appellate court did not have jurisdiction to hear an appeal on his dissent.

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People v. Daitzman, Case No.: 00PDJ052, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 24, 2001, Decided
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Overview: Egregious neglect of client matter constituted abandonment under Colorado law; lengthy suspension with restitution was appropriate sanction in case involving several extreme instances of neglect and abandonment.

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People v. Daitzman, No. 00PDJ052, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 24, 2001, Decided
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A.D. Store Co., Inc. v. Executive Dir. of Dep't of Revenue, Case No. 99SC861, SUPREME COURT OF COLORADO, January 29, 2001, Decided
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Overview: Alteration services performed by clothing retailer which were separable from the clothing purchases were not independently subject to sales taxation pursuant to sales tax statute and relevant regulations.

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City of Boulder v. Fowler Irrevocable Trust 1992-1, Case No.99SC304, SUPREME COURT OF COLORADO, January 29, 2001, Decided
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Overview: Appellate judgment in inverse condemnation action, evaluating just compensation for temporary taking, was affirmed in part, but jury's restoration costs award was reinstated and new trial ordered on what was fair rental value.

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People v. Jasper, Case No. 99SC987, SUPREME COURT OF COLORADO, January 29, 2001, Decided
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Overview: The court held that a trial court may impose and enforce a plea cutoff deadline as part of its case management authority but must provide adequate notice of the deadline and permit an exception to deadline for good cause.

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