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   State Courts - Colorado - February 3, 2000

  
People ex rel. J.A.E.S., No. 99CA0572, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 3, 2000, Decided
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Overview: Judgments ordering child support and payment of arrearages were affirmed, since law creating the obligations did not violate ex post facto clauses, and did not implicate due process or equal protection concerns.

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People v. Barnard, No. 98CA0277, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 3, 2000, Decided
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Overview: The trial judge did not commit reversible error when, in polling the jury, a juror responded that the verdict was her verdict "under duress," and the court then directed the jury to deliberate further, and ultimately declared a mistrial.

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People v. Gay, No. 98CA1517, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 3, 2000, Decided
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Overview: Drug conviction reversed; unintentionally reversing a prior suppression ruling and making defendant choose between his right to testify or risking impeachment with statements not proven to be voluntary was plain error.

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People v. Palmer, No. 98CA1216, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 3, 2000, Decided
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Overview: Conviction for possession of marijuana with intent to distribute was remanded for further proceedings because the lower court erred in not applying the Wilson factors to determine competency to stand trial.

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People v. Pollard, No. 97CA1981, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 3, 2000, Decided
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Overview: A defendant was convicted of violating the Colorado Organized Crime Control Act, where there was sufficient evidence involving defendant's theft of money in the record to support his conviction.

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Potter v. State Farm Mut. Auto. Ins. Co., No. 99CA0146, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 3, 2000, Decided
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Overview: Where ambiguity existed in insurer's contract related to the phrase "living with" in the policy's exclusion section, a question of material fact remained which precluded summary judgment.

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Quintana v. City of Westminster, No. 98CA2240, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 3, 2000, Decided
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Overview: Judgment vacated and remanded because court failed to find if police officer's actions during chase of suspect endangered life or property for purpose of determining if injured bystander's claim was barred by Colorado Governmental Immunity Act.

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Salazar v. Industrial Claim Appeals Office of Colo., No. 99CA0895, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 3, 2000, Decided
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Overview: A workers' compensation claimant who received permanent total disability benefits at the maximum capped rate was also entitled to cost of living adjustment (COLA) because the COLA provision, being last enacted, prevailed.

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Unigard Sec. Ins. Co. v. Mission Ins. Co. Trust, No. 98CA1326, No. 98CA2546, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 3, 2000, Decided
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Overview: The grant of summary judgment in a declaratory action between insurers that issued policies to the same insured was reversed because the statutory notice of reduction in coverage was not required to replace a binder with the policy itself.

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