Colorado, April, 2005, State Case law

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State Courts - Colorado - April 7, 2005

Cericalo v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA1514, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 7, 2005, Decided
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Overview: The unemployment benefits of a claimant who suffered complications of diabetes were required by Colorado statute to be reduced by half of the prorated weekly amount of his Social Security Disability Insurance benefits, resulting in his ineligibility to receive any unemployment benefits.

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Colo. Crim. Justice Reform Coalition v. Ortiz, Court of Appeals No.: 04CA0879, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 7, 2005, Decided
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Overview: H.B. 1256, Gen. Assem. (Colo. 2003) did not violate the single subject requirement of Colo. Const. art. V, ? 21 or Colo. Const. art. X, ? 20(4)(b) as it contained only one subject, the use of lease-purchase agreements to fund capital construction of State facilities; nor did it create multiple-year financial obligations requiring voter approval.

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In re Marriage of Cooper, Court of Appeals No.: 04CA1526, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 7, 2005, Decided
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Overview: Although the trial court found that the mother had "attempted successfully to serve" the father, and not his attorney, with a motion and notice of hearing regarding allocation to her of full parental responsibilities, the evidence was insufficient to prove that he received actual notice of the proceeding under Colo. R. Civ. P. 5(b).

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In re Marriage of Swim, Court of Appeals No.: 03CA1922, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 7, 2005, Decided
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Overview: The designation of the father as the primary residential parent was proper pursuant to Colo. Rev. Stat. ?? 14-10-129 and 14-10-131(2)(b.5) (2004) where it was in the children's best interests to reside primarily with their father. The plan to move to Missouri would have substantially changed the geographical ties between the children and father.

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In re Petition of R.A., Court of Appeals No.: 04CA0503, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 7, 2005, Decided
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Overview: An order reinstating visitation to the child's natural grandparents was improper pursuant to Colo. Rev. Stat. ? 19-5-211(1) (2004) where the wishes of the adoptive parents were entitled to the same consideration as those of natural parents.

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People v. Bryant, Court of Appeals No.: 04CA0085, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 7, 2005, Decided
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Overview: Defendant entered a plea of guilty to attempted extortion based on allegations that defendant and another individual made threats to the victim, causing him to quit his job and move to another state. The trial court did not violate Colo. Rev. Stat. ? 18-1.3-602(3)(a) (2004) when it ordered defendant to pay restitution for the victim's lost wages.

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People v. Johnson, Court of Appeals No. 03CA2339, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 7, 2005, Decided
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Overview: Where defendant's sentence for felony theft was aggravated by a judge pursuant to Colo. Rev. Stat. ? 181.3401(6) (2004), for reasons other than the fact of prior convictions, the sentence was unconstitutional. Defendant was entitled to post-conviction relief, because she did not waive her right to a jury determination of aggravating factors.

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People v. Padilla, Court of Appeals No.: 03CA1546, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 7, 2005, Decided
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Overview: While an inmate in a county jail, defendant got out of a locked building through a hole cut in a screen and attempted to leave the facility grounds, but was apprehended; his conduct constituted the crime of escape under Colo. Rev. Stat. ? 18-8-208 (2004). The trial court properly sentenced defendant as a habitual criminal.

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Pioneers Hosp. of Rio Blanco County v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA0839, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 7, 2005, Decided
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Overview: A $ 500 penalty was properly imposed on employer in workers' compensation case because employer arranged for evidentiary deposition of medical specialist without approval from ALJ. Under Colo. Dep't Lab. & Emp. Regs. No. VIII(E)(2)(b), 7 Colo. Code Regs. 11013, employer had to file written notice and obtain order from ALJ before taking deposition.

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Williams v. Teck, Court of Appeals No.: 03CA2456, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 7, 2005, Decided
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Overview: An ALJ properly awarded judgment to state senator and his candidate committee in action by petitioner alleging that they violated Colorado Constitution and Fair Campaign Practices Act, Colo. Rev. Stat. ? 1-45-106(5) (2004), because committee could accept contributions in excess of $ 18,000 as long as contributions were not made by political party.

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