Colorado, March, 2004, State Case law

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State Courts - Colorado - March 25, 2004

People v. Alengi, Court of Appeals No. 02CA0830, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 25, 2004, Decided
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Overview: The court of appeals reversed defendant's conviction for several drug offenses, because defendant did not make a knowing, voluntary, and intelligent waiver of her right to counsel.

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People v. Harper, Court of Appeals No. 02CA1059, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 25, 2004, Decided
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Overview: In postconviction case, appellate court held that sentencing scheme was not arbitrary and statute violated neither equal protection nor due process of law, but trial court erred in rejecting claim that parole was unlawfully revoked.

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People v. McAfee, Court of Appeals No. 00CA2379, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 25, 2004, Decided
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Overview: Evidence was sufficient to sustain a vehicular homicide conviction, where defendant drove into a pole, he had been smoking crack cocaine for several days prior to the accident, and he had partied throughout the night before the accident.

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People v. Weinreich, Court of Appeals No. 02CA0995, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 25, 2004, Decided
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Overview: The trial court erred in allowing the constructive amendment of the information charging defendant with child abuse resulting in death following the close of evidence; the error was plain error such that a new trial was necessary.

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Rocky Mt. Animal Def. v. Colo. Div. of Wildlife, Court of Appeals No. 02CA0503, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 25, 2004, Decided
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Overview: In wildlife group's suit seeking mandamus or injunctive relief, the constitutional amendment in question did not prohibit the poisoning of nontargeted wildlife incidental to poisoning of prairie dogs by a person who intended to control rodents.

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Svendsen v. Robinson, Court of Appeals No. 03CA0365, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 25, 2004, Decided
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Overview: In patient's appeal of summary judgment for doctor in medical malpractice case, judgment was affirmed; due to discovery violations, patient was unable to demonstrate genuine issue of material fact existed to support her medical malpractice claim.

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Wenz v. Nat'l Westminster Bank, PLC, Court of Appeals No. 03CA0124, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 25, 2004, Decided
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Overview: It was not arbitrary or an abuse of discretion to require the business to assert facts to satisfy the trial court that discovery might have revealed evidence showing personal jurisdiction before requiring the bank to respond to discovery.

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