Colorado, April, 2007, State Case law

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State Courts - Colorado - April 19 - April 23, 2007

Akin v. Four Corners Encampment, Court of Appeals No. 05CA1228, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 19, 2007, Decided
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Overview: Under Colo. Const. art. II, ? 14 and Colo. Rev. Stat. ? 38-1-102(3), landowners were not permitted to condemn an easement for a private way of necessity to construct and maintain a natural gas pipeline because the phrase "private ways of necessity" was limited to passageways and roadways that connected landlocked property to a public road.

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First Horizon Merch. Servs. v. Wellspring Capital Mgmt., LLC, Court of Appeals No. 05CA2370, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 19, 2007, Decided
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Overview: A district court erred in dismissing a creditor's claims against two corporate officers as their participation in a conference call and other actions were sufficiently substantial to establish minimum contacts in the state, but the creditor only had standing to pursue the fraud claim as the other alleged claims belonged to the bankruptcy trustee.

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People v. Armijo, Court of Appeals No. 04CA2404, COURT OF APPEALS OF COLORADO, April 19, 2007, Decided
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Overview: Where the prosecutor disclosed the original jewelry store surveillance tape to defense counsel before defendant's theft trial, and because defendant had an opportunity equal to the prosecutor's to view and enhance the videotape before trial, defendant was not prejudiced by not receiving a real-time version of the tape from the prosecutor.

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People v. Trujillo, Court of Appeals No. 05CA1389, COURT OF APPEALS OF COLORADO, DIVISION SIX, April 19, 2007, Decided
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Overview: Because defendant sufficiently stated a claim that appellate counsel provided ineffective assistance in not timely seeking a reduction of his sentence pursuant to Colo. R. Crim. P. 35(b).?Thus, defendant was entitled to a hearing on his claim that counsel disregarded his timely instruction to seek sentence reconsideration.

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USA Tax Law Ctr., Inc. v. Office Warehouse Wholesale, L.L.C., Court of Appeals No. 05CA2742, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 19, 2007, Decided
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Overview: Because there was no private right of action to enforce the identification requirements in 47 C.F.R. ? 68.318(d), plaintiff law center could not have prevailed on its claim against defendant office as a matter of law, and the trial court did not err in granting partial summary judgment to the office.

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City of Fort Morgan v. PUC, Case No. 06SA118, SUPREME COURT OF COLORADO, April 23, 2007, Decided
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Overview: Colo. Const. art. XXV and Colo. Const. art. V, ? 35 did not prohibit the Colorado Public Utilities Commission from granting a certificate of public convenience and necessity to a utility to provide firm natural gas service that was required by industrial customers within a city where a city-owned utility had refused to provide firm service.

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Fletcher v. People , Case No. 05SC646, SUPREME COURT OF COLORADO, April 23, 2007, Decided
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Overview: Although the trial court should not have admitted evidence of the victim's virginity in defendant's sex assault case (evidence of virginity spanned such a lengthy period of time it included remote, non-probative evidence, and thus was too broad and over-inclusive to be admissible in light of its prejudicial effect), the error was harmless.

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People v. Montour, Case No. 02SA365, SUPREME COURT OF COLORADO, April 23, 2007, Decided
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Overview: Colo. Rev. Stat. ? 18-1.3-1201(1)(a) (2006) violated the Sixth Amendment because it mandated that a court sentence a capital defendant who had pled guilty instead of allowing the defendant his right to a jury trial on the aggravating factors during the sentencing phase as was constitutionally required under the Sixth Amendment.

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Silva v. People, Case No. 05SC519, SUPREME COURT OF COLORADO, April 23, 2007, Decided
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Overview: The court of appeals finding that an inmate could not state an ineffective assistance of postconviction counsel because there was no constitutional or statutory right to postconviction counsel was reversed because there was a limited statutory right to postconviction counsel in Colorado, and the Strickland test applied in making the determination.

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