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   State Courts - Colorado - April 22 - April 30, 2004

  
A-1 Auto Repair & Detail, Inc. v. Bilunas-Hardy, Court of Appeals No. 02CA0036, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 22, 2004, Decided
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Overview: Summary judgment for an employer on conversion and civil theft claims was affirmed, because the trial court properly applied issue preclusion to the issue of defendant's liability for theft through payroll overpayments.

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Bell v. Indus. Claim Appeals Office, Court of Appeals No. 03CA1161, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 22, 2004, Decided
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Overview: Order denying a claim for unemployment benefits was set aside and remanded; because the claimant was not obliged to settle, her refusal to sign a settlement agreement could not be insubordination.

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Marsh v. Delta Gamma Anchor Center for Blind Children (In re Estate of Lewis), Court of Appeals No. 03CA0368, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 22, 2004, Decided
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Overview: Order declaring that stock certificates, jewelry, and coins found in the home of the decedent were part of the decedent's residuary estate was affirmed because such items were not properly included as the "contents" of the house.

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McGowan v. State Farm Fire & Cas. Co., Court of Appeals No. 03CA0025, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 22, 2004, Decided
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Overview: Where there was no coverage of a builder's faulty workmanship in constructing a house, the insurer had no indemnity obligation; accordingly, denial of the home owners' traverse to the insurer's answer in their garnishment proceeding was proper.

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People ex rel. Yeager, Court of Appeals No. 03CA0809, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 22, 2004, Decided
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Overview: Order authorizing the county department of human services (DHS) to execute a "do not resuscitate" order on appellant's behalf was affirmed, because DHS was an organization that could make health care decisions for an incapacitated person.

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People v. Coney, Court of Appeals No. 02CA1370, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 22, 2004, Decided
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Overview: Admission of pending drug crimes against defendant was proper as res gestae, as it was necessary to complete the description of the criminal episode for the jury; the victim's father should not have been barred from the trial.

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People v. Hook, No. 03PDJ076, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 30, 2004, Decided
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People v. Hook, Case Number: 03PDJ076, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, April 30, 2004, Decided
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Overview: A stayed suspension from practice of law pending a probationary period with conditions designed to assure a lawyer's continued sobriety was appropriate sanction for his misconduct, as his alcoholism was principally responsible for the misconduct.

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