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   State Courts - Colorado - February 19 - February 24, 2003

  
People v. Kaufman, No. 03PDJ009., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 19, 2003, Decided
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People v. Best, No. 02PDJ085., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 20, 2003, Decided
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People v. Lanphere, No. 02PDJ093., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 20, 2003, Decided
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Beavers v. Archstone Cmtys. P'Ship II, No. 02SA320, SUPREME COURT OF COLORADO, February 24, 2003, Decided
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Overview: The trial court operated in excess of its jurisdiction by vacating a jury verdict and ordering a new trial, where the trial court entered its order outside the time specified in the Colorado Rules of Civil Procedure.

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Giampapa v. Am. Family Mut. Ins. Co., No. 00SC468, SUPREME COURT OF COLORADO, February 24, 2003, Decided
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Overview: Complete range of non-economic damages was available when insurer willfully and wantonly breached its contract with insured, as damages were foreseeable at time of contracting and damages were natural and probable result of breach.

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Hoery v. United States, No. 02SA241, SUPREME COURT OF COLORADO, February 24, 2003, Decided
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Overview: Alleged migration and ongoing presence of toxic chemicals on owner's property constituted continuing trespass and nuisance under Colorado law; alleged tortious conduct of the United States included its failure to abate and to remove the chemicals.

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People v. Poll, Report No. 02PDJ027, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 24, 2003, Decided
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People v. Poll, Case Number: 02PDJ027, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 24, 2003, Decided
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Overview: An attorney was disbarred for misconduct where he failed to respond to discovery requests on behalf of his clients, he failed to meet court ordered deadlines, and he failed to prepare or appear for a trial.

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Woldt v. People, Case No. 97SA193, Case No. 97SA392, Consolidated Cases, SUPREME COURT OF COLORADO, February 24, 2003, Decided
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Overview: Statute allowing three-judge panel to impose death sentence instead of jury was unconstitutional as only a jury could find aggravators necessary to increase penalty. Resentencing to life without parole was mandatory due to ex post facto rules.

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