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   State Courts - Colorado - May 24 - June 2, 2004

  
Ainscough v. Owens, No. 03SC164, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: Dismissal of case was reversed and remanded because the state employees and their associations had standing to challenge the payroll deduction policy, when they suffered an injury-in-fact to a legally protected interest.

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Borer v. Lewis, Case No. 02SC808, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: On motion to remove default, burden of proof was clear and convincing evidence, rather than preponderance, as required on substantive civil issues. Sufficient evidence that defendant was not served included inconsistency of deputy who signed return.

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Krystkowiak v. W.O. Brisben Cos., No. 02SC686, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: An award of attorney fees to the member was appropriate because there existed an independent ground for dismissing the developer's tort claim that allowed for a recovery of attorney fees.

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People v. M.B., Consolidated Cases Nos. 04SA37, No. 04SA38, No. 04SA39, No. 04SA40, No. 04SA41, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: Juvenile escape statute comported with the Colorado Constitution, because it merely authorized the State to charge a sub-set of adjudicated juvenile delinquents with felony escape.

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People v. Newman, No. 03SA320,, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: On defendant's appeal from four year prison sentence for storage of hazardous waste without a permit, judgment was affirmed; sentence was not itself illegal, was not imposed in an illegal manner, and did not amount to abuse of discretion.

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Szaloczi v. John R. Behrmann Revocable Trust, No. 02SC911, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: Dissenting shareholder's compensatory damages claim was dismissed, because statutory appraisal was exclusive remedy. Shareholder had not invoked the exception, as it failed to bring an action for equitable relief on the basis of illegality or fraud.

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Town of Frisco v. Baum, No. 03SC181, SUPREME COURT OF COLORADO, May 24, 2004, Decided
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Overview: Decision by court of appeals was reversed; town had constitutional authority to create municipal courts that had exclusive jurisdiction over town's land use issues, and district's court dismissal of landowner's complaint was reinstated.

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People v. Lindemann, Case Number: 03PDJ066, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 2, 2004, Decided
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Overview: Attorney failed to deliver services, failed to return calls, and failed to keep clients informed. He engaged in dishonest conduct. Attorney effectively abandoned his clients. Supreme court considered applicable factors; disbarment was warranted.

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People v. Lindemann, No.03PDJ066, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 2, 2004, Decided
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