Colorado, February, 2005, State Case law

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State Courts - Colorado - February 10 - February 22, 2005

Colo. State Bd. of Accountancy v. Arthur Andersen L.L.P., Court of Appeals No.: 03CA1872, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 10, 2005, Decided
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Overview: As Colo. Rev. Stat. ? 12-2-126(1)(a)(I) (2004) authorized the Colorado State Board of Accountancy to investigate an accounting firm accused of improprieties, even though it had relinquished its Colorado accounting license, the trial court properly issued an order enforcing an administrative subpoena duces tecum that the Board served on the firm.

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Grabler v. Allen, Court of Appeals No.: 03CA1246, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 10, 2005, Decided
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Overview: Because a public university's trailer was attached to a borrowed truck, but was driven by an agent for university purposes, the combination of the motor vehicle pulling the trailer constituted a "motor vehicle" for the limited purpose of governmental immunity under Colo. Rev. Stat. ? 24-10-106(1)(a) (2004).

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In re D.C., Court of Appeals No.: 04CA0249, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 10, 2005, Decided
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Overview: Trial court properly determined it lacked jurisdiction to grant grandparent visitation to grandmother because, under plain language of Colo. Rev. Stat. ? 19-1-117(1) (2004), there had been no judicial intervention into marriage of the children's parents, judicial placement of the children outside their family, or death of the grandparent's child.

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Montoya v. Trinidad State Nursing Home, Court of Appeals No.: 04CA0824, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 10, 2005, Decided
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Overview: A state nursing home did not constitute a hospital for purposes of the Colorado Governmental Immunity Act, Colo. Rev. Stat. ? 24-10-101 et seq. (2004), and a trial court erred by finding that the nursing home's immunity had been waived.

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People v. Blankenship, Court of Appeals No.: 03CA0665, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 10, 2005, Decided
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Overview: The denial of a juvenile's application for post-conviction relief was proper where Colo. Rev. Stat. ? 19-2-511(2)(a)(III) did not confer a fundamental right and was constitutional under a rational basis standard.

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Fognani v. Young, Case No. 04SA303, SUPREME COURT OF COLORADO, February 14, 2005, Decided
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Overview: Attorney was properly disqualified from representing clients at trial under Colo. R. Prof. Conduct 3.7, as record showed he was likely to be a necessary witness at trial; however, he was not to be disqualified from participating in pretrial activities unless such participation would be revealed to the jury such that Rule 3.7 would be undermined.

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People v. Borquez, 03PDJ005., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 17, 2005, Decided
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People v. Vazquez, Case No. 04SA199, SUPREME COURT OF COLORADO, February 22, 2005, Decided
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Overview: A trial court properly suppressed defendant's verbal and nonverbal statements to a police officer because its finding that the encounter between defendant and the officer constituted custodial interrogation with no prior advisements as required by the Fifth Amendment was clearly supported by defendant's testimony.

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Robbins v. People , Case No. 03SC563, SUPREME COURT OF COLORADO, February 22, 2005, Decided
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Overview: Postconviction motion claiming ineffective assistance of trial counsel was barred by laches because the timing was suspect and the State established prejudice, in that motion was brought more than 30 years after conviction and 8 months after counsel died. Colo. Rev. Stat. ? 16-5-402 did not impose an absolute limitation, but laches was available.

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