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   State Courts - Colorado - January 18 - January 25, 2005

  
Woellhaf v. People, Case No. 03SC664, SUPREME COURT OF COLORADO, January 18, 2005, Decided
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Overview: Defendant's multiple punishments for sexual assault on a child, based on different types of sexual contact, were barred on double jeopardy grounds.

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City of Aurora v. Simpson (In re Water Rights of Park County Sportsmen's Ranch), No. 01SA412, SUPREME COURT OF COLORADO, January 18, 2005, Decided
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Overview: Water court's dismissal of ranch's application for determination of water rights and augmentation plan was affirmed because evidence at trial was insufficient to support a decree for claimed surface appropriations.

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Lobato v. Indus. Claim Appeals Office, No. 03SC556, SUPREME COURT OF COLORADO, January 18, 2005, Decided
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Overview: In a workers' compensation proceeding, an employee's division independent medical examiner report was improperly found to be untimely under retrospectively applied new time limit because he did not receive notice, as provided by administrative rule.

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People v. Baker, Case No. 04SA194, SUPREME COURT OF COLORADO, January 18, 2005, Decided
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Overview: Where failures of trial counsel and court to perform duties owed to defendant led to out-of-time filing of notice of appeal, good cause was shown to accept late-filed notice; therefore, court of appeals abused its discretion in rejecting the appeal.

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Quintano v. People, Case No. 03SC567, SUPREME COURT OF COLORADO, January 18, 2005, Decided
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Overview: Defendant's sexual assault convictions did not violate double jeopardy because each incident occurred in a different location, or after the victim had left a location and returned there, and defendant had time to reflect after each encounter.

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People v. Fife, 04PDJ117., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 19, 2005, Decided
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People v. Darlington, Case No. 04SA186, SUPREME COURT OF COLORADO, January 24, 2005, Decided
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Overview: Colorado's deferred sentencing statute did not preclude defendant from entering a plea of nolo contendere where "plea of guilty" was a generic phrase and the statute did not contravene the court's authority to accept a plea of nolo contendere.

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Weil v. Dillon Cos., Case No. 04SA356, SUPREME COURT OF COLORADO, January 24, 2005, Decided
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Overview: Trial court abused discretion in ordering personal injury plaintiff to release all of his medical records; plaintiff did not waive physician patient privilege by making generic, garden variety claims for pain and suffering incident to accident.

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People v. Donaldson, 05PDJ009., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, January 25, 2005, Decided
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