Colorado, May, 2007, State Case law

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State Courts - Colorado - May 17, 2007

Copeland v. Lincoln, Court of Appeals No.: 06CA0604, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 17, 2007, Decided
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Overview: Where a heating company determined that the furnace in a rental house was unsafe, the tenants' failure to provide written notice of the hazardous condition to the landlord under Colo. Rev. Stat. ? 38-12-104 was not fatal to their constructive eviction claim.

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Ferrel v. Colo. Dep't of Corr., Court of Appeals No. 05CA2303, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 17, 2007, Decided
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Overview: Dismissal of a correctional facility psychologist's whistleblower claims against his supervisor, the Colorado Department of Corrections, and the Colorado State Personnel Board was proper as the documents were not protected "disclosures of information" under Colo. Rev. Stat. ? 24-50.5-102(2) in that they did not touch upon matters of public concern.

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Hansen v. Long, Court of Appeals No.: 06CA0928, COURT OF APPEALS OF COLORADO, DIVISION A, May 17, 2007, Decided
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Overview: The Colorado district court properly dismissed a federal prisoner's state court mandamus action against a federal official for lack of subject matter jurisdiction. Under 28 U.S.C.S. ? 1361, the federal district court had subject matter jurisdiction over the federal prisoner's mandamus action.

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OPEX Communs., Inc. v. Property Tax Adm'r, Court of Appeals No.: 05CA1774, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 17, 2007, Decided
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Overview: Colorado State Board of Assessment Appeals correctly found that a nonfacilities-based reseller of long distance telephone services was a telephone company within the meaning of Colo. Rev. Stat. ? 39-4-101(3)(a) (2006) such that the reseller was subject to property tax assessment. Valuations of the reseller for the years 2003 and 2004 were upheld.

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People v. Canody, Court of Appeals No. 05CA0549, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 17, 2007, Decided
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Overview: Appellant who pled guilty to assault, attempted robbery, and related charges was sentenced to consecutive terms of sixteen and eighteen years. When he filed for postconviction relief under Colo. R. Crim. P. 35(c), the trial court erred by holding that a waiver of his appellate rights precluded review of his ineffective assistance of counsel claim.

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People v. Martinez, Court of Appeals No. 05CA0933, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 17, 2007, Decided
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Overview: Restitution order was vacated because, under Colo. Rev. Stat. ? 18-1.3-603(4)(a) and Colo. R. Civ. P. 55(a), trial court could not order restitution without hearing when prosecution had to prove amount of victim's loss and causal link to defendant, and defense counsel was present and prepared to contest those matters, despite defendant's absence.

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People v. Owens, Court of Appeals No. 05CA1577, COURT OF APPEALS OF COLORADO, DIVISION SIX, May 17, 2007, Decided
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Overview: Trial court by precluding defendant from inquiring into and presenting evidence of a romantic relationship between the victim and her male friend because the evidence was relevant to a material issue in the case, namely the victim's motive to lie, and therefore fell within an exception to Colo. Rev. Stat. ? 18-3-407.

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People v. Platt, Court of Appeals No.: 04CA1889, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 17, 2007, Decided
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Overview: Defendant's contention that his conviction for sexual assault was based on insufficient evidence was rejected because evidence of victim's positive physical reactions to sexual touching during her states of semiconsciousness did not constitute evidence of consent, pursuant to Colo. Rev. Stat. ? 18-3-402.

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St. Croix v. Univ. of Colo. Health Scis. Ctr., Court of Appeals No.: 05CA2746, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 17, 2007, Decided
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Overview: Where an employee was terminated from her surgery residency due to poor performance and pornographic internet photos of her, her gender and race discrimination and hostile work environment claims under Colo. Rev. Stat. ? 24-34-402(1)(a) failed to survive summary judgment because, inter alia, there was no proof of pretext or discrimination.

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