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   State Courts - Colorado - March 2, 2000

  
Bueno v. Denver Publ. Co., No. 97CA1569, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 2, 2000, Decided
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Overview: Plaintiff prevailed on defamation and false light - invasion of privacy claims against newspaper because he adequately proved malice prove by clear and convincing evidence and the newspaper knew the statements were untrue.

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Davila v. Merit Sys. Council, No. 99CA2149, COURT OF APPEALS OF COLORADO, DIVISION A, March 2, 2000, Decided
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Overview: Failure to appeal to the district court precluded county former employer from obtaining appellate judicial review of the agency's decision under Colorado law.

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People v. Cooper, No. 98CA1614, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 2, 2000, Decided
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Overview: In second degree sexual assault case, addition by the Colorado Department of Corrections of a period of mandatory parole to the end of defendant's sentence was contrary to statutory requirements.

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People v. Davenport, No. 98CA2387, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 2, 2000, Decided
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Overview: Trial court abused its discretion in striking appellant's response to forfeiture petition and entering default judgment because inadvertent failure to pay a docket fee was not an extreme circumstance for entering default.

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People v. Essex, No. 99PDJ111, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 2, 2000, Decided
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People v. Harmon, No. 98CA0768, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 2, 2000, Decided
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Overview: Revocation of defendant's probation was reversed and remanded for new hearing. Revocation could not be based solely on his refusal to comply with probation officer's improper condition, but could be affirmed on other grounds.

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People v. Scott, No. 98CA1958, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 2, 2000, Decided
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Overview: Trial court had authority to amend its order and allow the jury to consider third-degree assault as a lesser-included offense of the dismissed charge; no abuse of discretion in denying defendant's motion for mistrial.

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Pfenninger v. Exempla, Inc., No. 99CA0635, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 2, 2000, Decided
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Overview: Plaintiff was not required to exhaust administrative remedies on defamation claim. Although alleged defamatory statements were made during hearings process, the claim was independent of the anti-competitive conduct claim.

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Poleson v. Wills, No. 99CA0066, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 2, 2000, Decided
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Overview: Plaintiff's legal malpractice claim against defendant estate was properly dismissed as not timely, where plaintiff knew, or should have known, that he might suffer damage stemming from decedent's allegedly negligent conduct.

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Swan v. American Family Mut. Ins. Co., No. 98CA1768, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 2, 2000, Decided
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Overview: In uninsured motorist action, application filed with arbitrators to modify initial award tolled 30-day period; error in modifying award was harmless; no requirement to pay prejudgment interest beyond policy limits.

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