Colorado, May, 2002, State Case law

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State Courts - Colorado - May 28 - June 3, 2002

Close v. People, Case No. 00SC690, SUPREME COURT OF COLORADO, May 28, 2002, Decided
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Overview: A defendant sentenced under crime of violence statute was entitled, upon request, to abbreviated proportionality review of his sentences. Because defendant's sentences were not grossly disproportionate to his offenses, his sentences were affirmed.

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Kerns v. Kerns, Case No. 02SA59, SUPREME COURT OF COLORADO, May 28, 2002, Decided
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Overview: The supreme court held that Minnesota action to impose a constructive trust upon various ranch facilities was actually one affecting title to real property. Thus, petitioners were entitled to file a notice of lis pendens against Colorado real estate.

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People v. Deroulet, Case No. 00SC626, SUPREME COURT OF COLORADO, May 28, 2002, Decided
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Overview: Where defendant was convicted of burglary, assault, theft, and of being habitual criminal, and court conducted a proportionality review, although defendant was entitled to abbreviated proportionality review, it was error to reduce the sentence.

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People v. R.L.C., Case No. 01SC530, SUPREME COURT OF COLORADO, May 28, 2002, Decided
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Overview: Father was not permitted to move for genetic testing almost 11-years after a final judgment of paternity was entered, and such testing would not be in the child's best interest.

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Brush Grocery Kart, Inc. v. Sure Fine Mkt., Inc., Case No. 01SC267, SUPREME COURT OF COLORADO, June 3, 2002, Decided
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Overview: Where a hail storm damaged commercial property during litigation between the buyer and seller over the purchase price of said property, the buyer was entitled to the remedy of specific performance and a price abatement for damages.

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Grant v. People, No. 00SC799, SUPREME COURT OF COLORADO, June 3, 2002, Decided
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Overview: Although police failed to inform defendant or parents about statutory written waiver provisions that necessitated second interview, there was no question about whether defendant sought to waive right or whether he disputed contents of waiver.

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Silva v. Basin Western, Inc., No. 01SA303, SUPREME COURT OF COLORADO, June 3, 2002, Decided
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Overview: Where companies petitioned for relief from trial court order compelling production of discovery regarding insurance reserves and settlement authority in personal injury suit, reserves and settlement authority were not relevant to underlying suit.

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Whitaker v. People, Case No. 00SC866, SUPREME COURT OF COLORADO, June 3, 2002, Decided
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Overview: Possession with intent to distribute over 1,000 grams of methampetamine was affirmed when the statute did not apply a culpable mental state to the quantity of drugs distributed, manufactured, dispensed, sold, or possessed.

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