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   State Courts - Colorado - January 30 - February 5, 2003

  
Ainscough v. Owens, Court of Appeals No. 02CA0436, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 30, 2003, Decided
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Overview: The public employees lacked standing to challenge the constitutionality of a discontinuation of payroll deductions for union dues because there was no legally protected right to state-implemented payroll deductions, except as provided by statute.

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Baum v. Town of Frisco, Court of Appeals No. 02CA1164, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 30, 2003, Decided
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Overview: Town's charter exceeded its constitutional authority by granting its municipal court exclusive jurisdiction of all matters arising under its charter, ordinances, and other enactments; the town could not alter the district court's jurisdiction.

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Krauss v. Catholic Health Initiatives Mt. Region, Court of Appeals No. 02CA0108, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 30, 2003, Decided
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Overview: An employee was unable to bring a retaliatory FMLA action against her employer, based on the employer's failure to allow vacation time, because the denial of such did not constitute an adverse employment action.

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People v. Arapahoe County Court, Court of Appeals No. 02CA0060, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 30, 2003, Decided
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Overview: The criminal rule in question did not apply to the duplication of the photographs by the prosecution for use by defense counsel in preparation for trial when the county court took adequate precautions to limit their use.

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People v. McKinney, Court of Appeals No. 01CA0041, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 30, 2003, Decided
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Overview: Court reversed defendant's convictions of theft from an at-risk adult because the discovery tolling provision in the statute of limitations did not apply to the offense.

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People v. Medina, Court of Appeals No. 01CA1592, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 30, 2003, Decided
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Overview: An inculpatory letter written to the parents of a murder victim was properly admitted into evidence because defendant had the intent to waive the privilege when he asked his attorney to deliver the letter to the parents.

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People v. Wadle, Court of Appeals No. 01CA1484, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 30, 2003, Decided
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Overview: Appellate court reversed defendant's conviction for child abuse resulting in death because juror conducted research on the Internet, obtained information about a drug which defendant admitted taking, and shared findings with other jurors.

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Leonard v. McMorris, Case No. 01SA380, SUPREME COURT OF COLORADO, February 3, 2003, Decided
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Overview: Corporate officers of a bankrupt corporation were not jointly and severally, or personally, liable for the payment of wages or other compensation the corporation owed its employees under an employment contract, pursuant to the state's wage claim act.

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People v. Fischer, Case Number: 02PDJ058, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 5, 2003, Decided
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Overview: Disbarment was the appropriate sanction in cases where it had been shown, by clear and convincing evidence, that an attorney knowingly misappropriated client funds. Despite considerable mitigating factors presented, the attorney was disbarred.

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People v. Fischer, No. 02PDJ058, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 5, 2003, Decided
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