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   State Courts - Colorado - April 27, 2000

  
Deighton v. City Council of Colo. Springs, No. 99CA0319, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 27, 2000, Decided
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Overview: Court erred in granting landowner attorney fees in civil rights action against city officials for denial of permits for construction of adult bookstore because landowner sold property before court of appeals entered judgment.

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Dupont v. Preston, No. 98CA2480, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 27, 2000, Decided
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Overview: In dental malpractice action, physical impairment was recoverable damage element, jury had sufficient evidence to decide present value of future medical expenses, challenge to law school graduate juror was properly denied.

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Giampapa v. American Family Mut. Ins. Co., No. 98CA0008, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 27, 2000, Decided
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Overview: Noneconomic damages inapplicable to willful, wanton breach of insurance contract; award greater than cap for insured with preexisting mental condition allowed; trial court could award appellate attorney fees, but not costs.

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Mile High Greyhound Park, Inc. v. Colorado Racing Comm'n, No. 99CA0583, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 27, 2000, Decided
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Overview: Rule was upheld because agency's interpretation that installation of surveillance systems was governed by the statute relating to the construction and operation expenses of race tracks, instead of regulation, was permissible.

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Miller v. Rowtech, No. 99CA0313, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 27, 2000, Decided
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Overview: Chemical company did not raise farmer's failure to file certificate of review before trial, so it waived that defense. Farmer's incidental reference to insurance did not influence jury, and award was not product of prejudice.

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People v. Fisher, No. 98CA0412, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 27, 2000, Decided
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Overview: A complicitor in an underlying felony for aggravated robbery could be held criminally liable for a death that occurred during the commission of the robbery under felony murder rule.

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People v. Hoang, No. 98CA1543, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 27, 2000, Decided
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Overview: District court had no discretion to sentence defendant as juvenile offender because Colorado statute governing imposition of sentence for aggravated robbery, a per se crime of violence, mandated certain sentencing.

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People v. Munoz, No. 99CA0123, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 27, 2000, Decided
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Overview: Although trial court neglected to advise that defendant, who pleaded guilty to theft pursuant to plea agreement, was subject to a three-year period of mandatory parole, this failure to advise was harmless error.

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People v. Sloan, No. 98CA2238, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 27, 2000, Decided
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Overview: Because conditions of appeal bond did not limit defendant's liberty so as to constitute "confinement," defendant was not entitled to receive credit against her sentence for period she was at liberty pending disposition.

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People v. Waddell, No. 98CA0890, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 27, 2000, Decided
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Overview: Burglary conviction was reversed because evidence was insufficient to prove that defendant had unlawfully entered the homes. Record clearly reflected that defendant knowingly waived the right to conflict-free representation.

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