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   State Courts - Colorado - April 9 - April 17, 2007

  
City of Colo. Springs v. Powell, Case No. 05SC743, Case No. 05SC746, SUPREME COURT OF COLORADO, April 9, 2007, Decided
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Overview: Amended Colo. Rev. Stat. § 24-10-103(5.5) (2003) applied prospectively where neither the language of the statute, its legislative history, nor the definition of the term in use prior to the legislation's adoption supported the municipalities' contention that the General Assembly clearly intended the amendments to be retroactive.

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City of Colo. Springs v. Speight Family P'ship, Case No. 05SC744, SUPREME COURT OF COLORADO, April 9, 2007, Decided
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Overview: Because the modifications and additions to the Colorado Governmental Immunity Act, as set forth in H.B. 03-1288 (Colo.), operated only prospectively, they did not apply to respondent property owners' claims against petitioner city.

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People v. Bradshaw, Case No. 06SA366, SUPREME COURT OF COLORADO, April 9, 2007, Decided
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Overview: Defendant's statements to a police officer were properly suppressed as he had unambiguously requested an attorney during a custodial interrogation and the officer's questioning immediately after the request did not seek to clarify defendant's statement. However, fruit of the poisonous tree doctrine was erroneously applied to buccal swab evidence.

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People v. Tyler, 06PDJ105, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 11, 2007, Decided
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People v. Wartena, Case No. 06SA232, SUPREME COURT OF COLORADO, April 16, 2007, Decided
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Overview: In applying Colo. Rev. Stat. § 16-3-309 (2006) to a defense request to allow videotaping of consumptive DNA testing, a court abused its discretion when it committed to ordering suppression of the test results that had not yet been conducted if the agency refused to permit videotaping and the prosecution refused to pay a defense expert's expense.

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People v. Sledge, 07PDJ018, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 17, 2007, Decided
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