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   State Courts - Colorado - March 14 - March 20, 2007

  
People v. Tuthill, Case Number: 06PDJ072, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 14, 2007, Decided
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Overview: Where respondent attorney was convicted in two separate criminal matters (felony possession of a controlled substance and driving under the influence), the attorney was suspended from the practice of law for two years.

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People v. Tuthill, 06PDJ072, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 14, 2007, Decided
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People v. Lopez, CASE NO. 06SC219, SUPREME COURT OF COLORADO, March 15, 2007, Decided
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Hewitt v. Rice, Case No. 05SC81, SUPREME COURT OF COLORADO, March 19, 2007, Decided
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Overview: Because a lis pendens was not an ex parte action and was not exempt from the favorable termination requirement element of malicious prosecution claims, the owner's settlement with a bank and the bank's dismissal of its fraudulent transfer claim after the owner paid his judgment did not support a finding of favorable termination.

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In re Water Rights of Tonko v. Mallow, Case No. 06SA199, SUPREME COURT OF COLORADO, March 19, 2007, Decided
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Overview: Water court wrongly dismissed a Colo. Rev. Stat. § 37-86-102 change of water right application, citing preclusion, as a district court's dismissal of a condemnation case per Colo. Rev. Stat. §§ 37-92-302, 203, 103 for lack of jurisdiction was not a final judgment and rights issues were not identical to condemnation of the ditch right-of-way issues.

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People v. Wehrle, Case Number: 06PDJ006, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 20, 2007, Decided
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Overview: After hearing board held sanctions hearing against attorney pursuant to Colo. R. Civ. P. 251.18(d) and issued opinion and order pursuant to Colo. R. Civ. P. 251.19, court disbarred attorney because attorney's conversion of estate funds warranted disbarment, and his failure to participate in proceedings precluded deviation from presumptive sanction.

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