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   State Courts - Colorado - April 26, 2001

  
Barnett v. Denver Publ'g Co., Court of Appeals No. 00CA0642, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 26, 2001, Decided
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Overview: Although the appellant was not convicted of stalking, use of the term to describe appellant's harassment conviction was substantially true; therefore appellant's defamation claim was properly dismissed.

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Doe v. Heitler, Court of Appeals No. 00CA0849, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 26, 2001, Decided
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Overview: Failure to name a party plaintiff deprived the trial court of jurisdiction, but it was error to grant defendant's motion to dismiss without giving plaintiff the opportunity to file an amended complaint.

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Humane Soc'y v. Indus. Claim Appeals Office, Court of Appeals No. 00CA0968, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 26, 2001, Decided
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Overview: Workers' compensation appeals office properly calculated claimant's average weekly wage using the entire amount of the health insurance premium, which, during employment, had been jointly funded by claimant and her employer.

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Levitt v. Calvary Temple of Denver, Court of Appeals No. 00CA0782, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 26, 2001, Decided
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Overview: Without membership in church, expelled member could no longer have a proper purpose to inspect church's financial records reasonably related to his interest as a member. Thus, he no longer had standing to inspect records.

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People ex rel. J.A.C., Court of Appeals No. 00CA1165, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 26, 2001, Decided
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Overview: When juvenile escaped from youth corrections ranch, he was in custody within meaning of the escape statute since statute did not restrict type of facilities from which juvenile could escape to only staff secure facilities.

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People v. Bradley, Court of Appeals No. 99CA1787, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 26, 2001, Decided
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Overview: Defendant was thoroughly advised about the disadvantages of testifying, and once he took the stand, his prior felony convictions were properly used to impeach his testimony; thus, his counsel was not ineffective.

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People v. Duke, Court of Appeals No. 99CA0544, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 26, 2001, Decided
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Overview: Because the defendant's sentence was not increased at resentencing, no resentencing hearing was required and the defendant was therefore not denied his right to counsel at resentencing.

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People v. James, Court of Appeals No. 99CA0568, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 26, 2001, Decided
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Overview: Convictions under the Colorado Organized Crime Control Act were affirmed. Defendant failed to establish judicial bias, use of restraints did not prejudice defendant, and termination of cross-examination was harmless.

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People v. Martinez, Court of Appeals No. 98CA2518, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 26, 2001, Decided
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Overview: Sexual assault convictions were affirmed where similar acts evidence related to appellant's intent and showed a pattern of behavior; letters written by appellant were relevant to intent and to appellant's defense of consent.

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People v. McGraw, Court of Appeals No. 99CA1704, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 26, 2001, Decided
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Overview: Defendant was entitled to a credit against the term of his department of corrections sentence for his entire period of prior confinement.

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