Colorado, March, 2005, State Case law

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State Courts - Colorado - March 10, 2005

Bd. of County Comm'rs v. Kraft Bldg. Contrs., Court of Appeals No.: 03CA1795, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 10, 2005, Decided
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Overview: To extent fees incurred during federal court proceeding were awarded to landowners against county as a Colo. R. Civ. P. 11 sanction after county voluntarily dismissed its illegal grading suit against them, state trial court lacked jurisdiction to award fees under Colo. Rev. Stat. ? 13-17-101 for activity related solely to federal court proceeding.

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In re the Marriage of Ebel, Court of Appeals No.: 03CA2090, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 10, 2005, Decided
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Overview: In husband's request for maintenance from his wife, a trial court had no jurisdiction to consider the request in a post-dissolution proceeding, pursuant to Colo. Rev. Stat. ? 14-10-114(3) (2004), because the trial court did not previously reserve jurisdiction to determine or modify maintenance.

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Parker v. City of Golden, Court of Appeals No.: 03CA1946, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 10, 2005, Decided
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Overview: A city's charter amendment concerning the payment of incentives and subsidies to developers was not unconstitutionally retrospective under Colo. Const. art. II, ? 11 because the agreements created no vested rights. Because the developers only had a mere expectancy, there was no contract clause violations under ? 11 or U.S. Const. art. I, ? 10.

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People v. Ra'Shadd, Case Number: 04PDJ023, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 10, 2005, Decided
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Overview: Attorney who converted client funds and disobeyed a court order to return them, misrepresented his child support obligations, and placed an advertisement for his services containing false information was disbarred for violating Colo. R. Prof. Conduct 8.4(c), 3.4(c), and 7.1, as his suffering from seizures was insufficient to overcome disbarment.

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People v. Golden, Court of Appeals No.: 03CA0191, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 10, 2005, Decided
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Overview: Defendant's sexual assault conviction was improper pursuant to Colo. Rev. Stat. ? 18-3-407 (2004) where the trial court erred in limiting his cross-examination of the victim by excluding an inquiry into whether she was in a "committed romantic relationship" with a roommate at the time of the alleged assault.

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People v. Parsley, Case Number: 04PDJ058, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 10, 2005, Decided
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Overview: Appropriate sanction for attorney whose conduct constituted professional misconduct under Colo. R. Prof. Conduct 8.4(b), (c), and Colo. R. Civ. P. 251.5, was disbarment where attorney fraudulently secured loan on property he did not own because this constituted serious federal and state crimes and evidenced dishonesty.

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People v. Parsley, 04PDJ058., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 10, 2005, Decided
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People v. Ra'Shadd, 04PDJ023., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 10, 2005, Decided
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People v. Tallwhiteman, Court of Appeals No.: 03CA0211, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 10, 2005, Decided
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Overview: Defendant's conviction of attempted reckless manslaughter under Colo. Rev. Stat. ?? 18-2-101, 18-3-104(1)(a) and first degree assault under Colo. Rev. Stat. ? 18-3-202(1)(a) did not violate double jeopardy because defendant's causing serious bodily injury did not necessarily mean that he recklessly took step toward causing death of person.

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Sharp v. Fritzler (In re L.F.), Court of Appeals No.: 04CA0071, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 10, 2005, Decided
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Overview: A grandmother did not have standing to seek allocation of the parental responsibilities of her grandchild, including decision-making, under Colo. Rev. Stat. ? 14-10-123(1)(c) (2004) because she provided care to assist the child's parents and the terms of that care were always subject to the discretion and direction of the parents.

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