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State Courts -
Colorado - March 22, 2007
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People v. Moore-El, Court of Appeals No. 05CA1444,
COURT OF APPEALS OF COLORADO, DIVISION TWO, March 22, 2007, Decided
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Overview: Defendant's illegal sentence claims were cognizable under Colo. R. Crim. P. 35(c), but, defendant alleged no justifiable excuse or excusable neglect and, accordingly, his assertions were time barred by Colo. Rev. Stat. ? 16-5-402(1); the ? 16-5-402(1) limitation period served to also bar defendant's Eighth Amendment proportionality claims.
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Shelby Res., LLC v. Wells Fargo Bank, N.A., Court of Appeals No. 05CA2022,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 22, 2007, Decided
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Overview: Where a bank failed to timely pay an account holder's sight draft, the bank's liability for mishandling the sight draft was properly limited to the face value of the draft because the bank was a collecting bank under Colo. Rev. Stat. ?? 4-1-103(a)(3), 4-4-105, and 4-4-106; the UCC displaced plaintiffs' common law negligence claim.
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