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   State Courts - Colorado - February 12, 2004

  
Denner Enters. v. Barone, Inc., Court of Appeals No. 02CA1429, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 12, 2004, Decided
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Overview: Court did not err in granting a manufacturer's motion to dismiss retailer's action under Colorado Farm Equipment Fair Dealership Act; repurchase provision did not apply to additional units ordered by retailer after parties' agreement had terminated.

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People v. Brunner, Court of Appeals No. 02CA2321, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 12, 2004, Decided
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Overview: A trial court had jurisdiction to revoke defendant's probation where the complaint was filed on the last day of the probation period, which was the anniversary date in the concluding year. The punitive jail sentence was not an abuse of discretion.

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People v. Huerta, Court of Appeals No. 02CA0913, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 12, 2004, Decided
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Overview: A trial court improperly denied defendant's motion to correct his sentence because the relevant criminal procedure rule did not allow the trial court to decide the issues raised in the motion, and thus the trial court lacked jurisdiction.

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People v. Larson, Court of Appeals No. 01CA1052, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 12, 2004, Decided
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Overview: Court did not err in admitting evidence of defendant's prior acts of sexual molestation during his trial for sexual assault upon child because testimony of four witnesses, prior victims of defendant, was logically relevant to his identity and intent.

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People v. Pernell, Case Number: 03PDJ051, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 12, 2004, Decided
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Overview: An attorney was disbarred for professional misconduct, where he accepted client funds, failed to perform the work the client had requested, failed to return the funds, and, in each case, the client suffered injury or potential injury.

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People v. Pernell, No. 03PDJ051, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 12, 2004, Decided
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People v. Simon, Court of Appeals No. 01CA1183, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 12, 2004, Decided
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Overview: A court erred in imposing consecutive sentences for defendant's 10 convictions for sexual assault on a child by one in a position of trust as part of a pattern of abuse; there was no finding that the relevant crimes arose out of the same incident.

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People v. Witek, Court of Appeals No. 02CA1218, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 12, 2004, Decided
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Overview: Defendant's convictions for theft and false statement or representation material to claim for recovery under Colorado Workers' Compensation Act were upheld; it was not necessary that he file claim or receive value in order to be convicted.

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Rocky Mt. Cardiology v. Indus. Claim Appeals Office , Court of Appeals No. 03CA0437, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 12, 2004, Decided
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Overview: An award of temporary disability benefits to the employee was proper where the employer remained bound by the admission to pay temporary disability benefits and was not entitled to withhold payment once the employee kept her rescheduled appointment.

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Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte, LLC, Court of Appeals No. 03CA0114, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 12, 2004, Decided
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Overview: Court properly found that condominium development rights were void ab initio because the development rights contained no time limitation. Developer cited no authority that supported its position that the omission of time limitation was insubstantial.

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