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   State Courts - Colorado - May 3, 2007

  
People v. Mosley, Court of Appeals No. 04CA0587, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 3, 2007, Decided
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Overview: Trial court committed plain error, and therefore defendant was entitled to a new sexual assault trial, by placing a visual barrier, and easel, between the child victim and defendant while the victim testified in violation of defendant's Confrontation Clause rights and in contravention of the procedures provided in 2003 Colo. Sess. Laws 18-3-413.5.

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People v. Osorio, Court of Appeals No. 05CA1765, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 3, 2007, Decided
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Overview: Defendant's postconviction relief motion under Colo. R. Crim. P. 35(c) was properly denied because the trial court's failure to issue its order within 60 days did not deprive it of jurisdiction and his ineffective assistance of counsel claims regarding, inter alia, voir dire and cross-examination were conclusory and lacked supporting detail.

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People v. Tolbert, Court of Appeals No. 05CA1836, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 3, 2007, Decided
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Overview: Where defendant pled guilty to attempted sexual assault, the order denying his second postconviction motion challenging his parole term was vacated because, inter alia, the sentence was illegal if it imposed a mandatory parole term and the law of the case doctrine, rather than an absolute bar, applied to successive Colo. R. Crim. P. 35(a) motions.

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Phillips v. Watkins, Court of Appeals No. 06CA0767, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 3, 2007, Decided
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Overview: In his litigation against employees of the Colorado Department of Corrections, inmate filed a motion pursuant to Colo. Rev. Stat. ? 13-16-111 for recovery of costs. Trial court found that all parties had prevailed to some degree. Denial of motion was not error because trial court correctly determined that it retained discretion to award costs.

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