Colorado, March, 2002, State Case law

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State Courts - Colorado - March 4 - March 13, 2002

Burchett v. S. Denver Windustrial Co., Case No. 01SA338, SUPREME COURT OF COLORADO, March 4, 2002, Decided
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Overview: The failure to grant a continuance, given the unique circumstances of the wrongful death action, was an abuse of discretion, as it could impede justice, reduce the likelihood of settlement, and cause an increase in the cost of litigation.

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Colo. Office of Consumer Counsel v. PUC, Case No. 00SA233, SUPREME COURT OF COLORADO, March 4, 2002, Decided
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Overview: Telephonic service plan was basic residential service plan within meaning of statute, and features such as the ability to pay bill at service center did not change nature of plan, therefore plan was subject to rate cap.

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People v. Smith, Case No. 01SA312, SUPREME COURT OF COLORADO, March 4, 2002, Decided
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Overview: The warrantless entry into defendant's home was not justified by the emergency exception to the warrant clause, where defendant simply passed out for a few seconds and immediately regained consciousness outside his residence.

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Martini v. Smith, Case No. 00SC685, SUPREME COURT OF COLORADO, March 11, 2002, Decided
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Overview: In a land use dispute, the state supreme court determined that an ordinance purporting to de-annex a subdivision did not conclusively vacate the public roadways.

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People v. Harris, Case No. 00SC185, SUPREME COURT OF COLORADO, March 11, 2002, Decided
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Overview: In a rape trial, evidence of the victim's prior sexual encounter was properly excluded; it was not logically relevant to the question of whether the defendant committed sexual assault.

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SL Group, LLC v. Go West Industries, Inc., Case No. 00SA398, SUPREME COURT OF COLORADO, March 11, 2002, Decided
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Overview: Landowner's failure to protest its neighbor's application for surface water rights was excusable neglect, where the landowner was not mailed a resume of the application and alleged substantive errors as to the location of historical irrigation.

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Beauprez v. Avalos, Case No. 02SC87, SUPREME COURT OF COLORADO, March 13, 2002, Decided
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Overview: Colorado redistricting map created by Republican leadership upheld against equal protection challenges; the approximately 3 percent drop in the Hispanic population of District 1 did not give rise to a finding of unconstitutional voter dilution.

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