Colorado, March, 2009, State Case law

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State Courts - Colorado - March 19, 2009

HealthSouth Corp. v. Boulder County Bd. of Comm'r, Court of Appeals No. 08CA0233, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 19, 2009, Decided
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Overview: Taxpayer could pursue abatement and refund claims for overvaluation pursuant to Colo. Rev. Stat. ? 39-10-114(1)(a)(I)(A) as to fictitious assets it had reported as part of a stock price manipulation scheme; the unclean hands doctrine was inapplicable because Colo. Rev. Stat. ?? 39-5-116(2)(c), 39-10-114(1)(b) addressed misstatements in tax filings.

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Iler v. Indus. Claim Appeals Office, Court of Appeals No. 08CA1040, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 19, 2009, Decided
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Overview: Workers' compensation claimant who sought an increase in his average weekly wage to include room and board under Colo. Rev. Stat. ? 8-40-201(19)(b) (2008) could meet his evidentiary burden under Colo. Rev. Stat. ? 8-43-201 (2008) by showing that his current living conditions and food were similar to the room and board provided to him in Antarctica.

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Inre Marriage of Anthony-Guillar, Court of Appeals No. 07CA2224, COURT OF APPEALS OF COLORADO, DIVISION SIX, March 19, 2009, Decided
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Kobobel v. State, Court of Appeals No. 08CA0530, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 19, 2009, Decided
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Overview: Landowners claimed that cease and desist orders that required them to stop pumping water constituted a taking in violation of Colo. Const. art. II, ? 15, and U.S. Const. amend. V and XIV; however, a district court lacked subject matter jurisdiction because the matter was a water court matter.

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Kuhndog, Inc. v. Indus. Claim Appeals Office, Court of Appeals No. 08CA1926, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 19, 2009, Decided
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Overview: Employer sought review of final order issued by Industrial Claim Appeals Office with respect to employer's alleged failure to carry workers' compensation insurance. Colo. Rev. Stat. ? 8-43-409 did not violate employer's due process rights because employer failed to request a prehearing conference in a timely manner.

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People v. Castellano, Court of Appeals No. 07CA0979, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 19, 2009, Decided
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Overview: Court did not violate defendant's right against double jeopardy by increasing his two-year sentence to three and one-half years because he had no legitimate expectation of finality in his sentence; he took advantage of suspension of finality afforded by Colo. R. Crim. P. 35(b) to successfully argue that his sentence should be reduced to probation.

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People v. Clark, Court of Appeals No. 07CA0157, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 19, 2009, Decided
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Overview: Evidence, including narrow window of time that victim owned sweatshirt, combined with mother's denial and defendant's initial denial of consensual sexual encounter, was sufficient to reasonably exclude hypothesis that DNA was deposited at time other than that of crime and to convict of defendant of sexual assault, Colo. Rev. Stat. ? 18-3-402(1)(a).

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People v. Pasillas-Sanchez, Court of Appeals No. 05CA2625, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 19, 2009, Decided
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People v. Torres, Court of Appeals No. 03CA2480, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 19, 2009, Decided
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Whittman v. Foiles (In re Estate of Whittman), Court of Appeals No. 08CA0720, COURT OF APPEALS OF COLORADO, DIVISION SIX, March 19, 2009, Decided
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Overview: Decedent's wife qualified as a surviving spouse under Colo. Rev. Stat. ?? 15-11-104, 15-10-201(53), 15-11-403, 15-11-405 (2008), and although she died before her exempt property allowance was filed, her estate was entitled to file the claim because it was an organization as defined in ? 15-10-201(35) and a person under ? 15-10-201(38).

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