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   State Courts - Colorado - May 20, 2004

  
Am. Comp. Ins. Co. v. McBride, Court of Appeals No. 02CA2416, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 20, 2004, Decided
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Overview: In an employer and insurer's appeal of a workers' compensation ruling, a judgment was set aside to the extent it determined that an amended statute allowing for the collection of child support from compensation benefits did not apply retroactively.

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FFE Transp. Servs., Inc. v. Indus. Claim Appeals Office, Court of Appeals No. 03CA0622, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 20, 2004, Decided
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Overview: Truck driver, who worked under a written agreement with a trucking company, was not a statutory employee of a contract carrier with which the trucking company had a conforming lease agreement under Colo. Rev. Stat. ¿ 40-11.5-102.

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In re Court Facilities for the Routt County Combined Court, Court of Appeals No. 03CA0275, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 20, 2004, Decided
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Overview: On a county board's appeal of an order requiring it to provide new court facilities, an order was vacated; absent demonstrated approval by the Chief Justice of the Colorado Supreme Court, a district court's order was not valid.

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In re Marriage of Ciesluk, Court of Appeals No. 03CA2047, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 20, 2004, Decided
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Overview: On a wife's appeal of denial of motion to relocate with a minor child, a judgment was affirmed; a trial court did not err by giving substantial weight to the impact of the proposed relocation on the relationship between a father and the child.

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Martinez v. Affordable Hous. Network, Inc., Court of Appeals Nos. 01CA1669, 01CA2185, 01CA2188 & 01CA2189, COURT OF APPEALS OF COLORADO, May 20, 2004, Decided
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Overview: Homeowners were entitled to treble damages under the Colorado Consumer Protection Act because defendants fraudulently induced them to enter an option contract and sold their home; punitive damages and treble damages were duplicative.

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People v. Compan, Court of Appeals No. 02CA1469, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 20, 2004, Decided
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Overview: On defendant's appeal of a third degree assault conviction, a judgment was affirmed; the record supported the trial court's determination that the prosecution established unavailability by making good faith, reasonable efforts to produce the victim.

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People v. Jackson, Court of Appeals No. 99CA2473, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 20, 2004, Decided
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Overview: On defendant's appeal from possession of a weapon by a previous offender conviction and habitual criminal adjudication, judgment was affirmed; defendant's collateral attack of his prior felony was time barred, and evidence was sufficient to convict.

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People v. Zedack, Court of Appeals No. 03CA0462, COURT OF APPEALS OF COLORADO, DIVISION A, May 20, 2004, Decided
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Overview: Defendant's statutory right to a speedy trial was violated, as a new trial, if there was to be one following a suppression hearing on remand, had to commence within a six-month period running from the date of the receipt of the appellate mandate.

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Z.J. Gifts D-2, L.L.C. v. City of Aurora, Court of Appeals No. 03CA0425, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 20, 2004, Decided
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Overview: A finding against the company enjoining it from operating a sexually oriented business in its present location without a license was proper, where its federal claims were barred by res judicata and where the company received full judicial review.

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