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   State Courts - Colorado - January 27, 2005

  
Daley v. Univ. of Colo. Health Scis. Ctr., Court of Appeals No.: 04CA0078, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 27, 2005, Decided
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Overview: Patient's complaint against a state-operated health center for alleged improper disclosure of records should have been dismissed because there was no waiver of immunity for ancillary conduct performed by the health center.

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Highlands Ranch Univ. Park v. Uno of Highlands Ranch, Inc. , Court of Appeals No.: 03CA0724, COURT OF APPEALS OF COLORADO, DIVISION FIVE, January 27, 2005, Decided
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Overview: As breaching tenant was entitled to offset for present value of excess rent expected from replacement tenants during 20-year lease term, court had to make findings as to present value of excess rent and offset this against damages owed landlord.

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Negron v. Gillespie, Court of Appeals No.: 03CA1977, COURT OF APPEALS OF COLORADO, DIVISION THREE, January 27, 2005, Decided
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Overview: Dismissal of inmate's claim for mandamus relief and for an Eighth Amendment violation was affirmed because the prison's charging a co-payment for treatment and failing to provide aspirin for 13 days did not state a cognizable claim for relief.

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People v. King, Court of Appeals No.: 02CA0201, COURT OF APPEALS OF COLORADO, DIVISION TWO, January 27, 2005, Decided
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Overview: A victim's hearsay statements to a police officer were properly admitted as excited utterances, and their admission did not violate defendant's right to confrontation where the statements were nontestimonial in nature.

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People v. Vensor, Court of Appeals No. 03CA1983, COURT OF APPEALS OF COLORADO, DIVISION ONE, January 27, 2005, Decided
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Overview: Sentencing court properly considered testimony of other families whose children claimed to have been molested by defendant, as there was no showing testimony was untrue and it was relevant to defendant's character and potential for rehabilitation.

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Rector v. City & County of Denver, Court of Appeals No.: 03CA0857, COURT OF APPEALS OF COLORADO, DIVISION FOUR, January 27, 2005, Decided
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Overview: Motorists' claims concerning late fees for parking violations were precluded under voluntary payment rule but the requests for declaratory and injunctive relief were improperly dismissed as motorists were interested persons addressing future conduct.

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