Colorado, May, 2005, State Case law

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State Courts - Colorado - May 16 - May 20, 2005

In re Marriage of Chalat , Case No. 04SC232, SUPREME COURT OF COLORADO, May 16, 2005, Decided
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Overview: Trial court retained continuing jurisdiction to modify a dissolution decree, not limited by a new child support guidelines statute, so a father's postsecondary education support obligation could be modified, but it could only be modified upon a showing by the father of substantial and continuing changed circumstances.

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People v. Pascual, Case No. 04SA400, SUPREME COURT OF COLORADO, May 16, 2005, Decided
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Overview: Where six officers interrogated defendant and three other men concerning a rape and kidnapping while they were outside their van in thirty-degree weather, the defendant was in "custody" for purposes of Miranda. The trial court properly suppressed defendant's incriminating statements, because the police violated his Fifth Amendment rights.

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Colo. Comp. Ins. Auth. v. Jones, Court of Appeals Nos.: 03CA0487 & 03CA1740, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 19, 2005, Decided
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Overview: Workers' compensation insurer's subrogation rights did not extend to employee's physical impairment and disfigurement damages as subrogation rights under former Colo. Rev. Stat. ? 8-41-203 were limited to economic damages, but insurer might be entitled to limited subrogation if such damages were awarded in future under Colo. Rev. Stat. ? 8-42-108.

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Hussein v. Regents of the Univ. of Colo., Court of Appeals No.: 03CA2121, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 19, 2005, Decided
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Overview: The dismissal of the complainant's appeal after his petition for a hearing was denied in connection with his claim for unlawful termination was proper where his appeal from the agency's decision was not timely filed within the applicable 45-day period pursuant to Colo. Rev. Stat. ? 24-4-106(11)(b) (2004) and Colo. App. R. 4(a).

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People v. Efferson, Court of Appeals No.: 03CA0934, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 19, 2005, Decided
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Overview: The revocation of the inmate's Youthful Offender System sentence was appropriate pursuant to Colo. Rev. Stat. ? 18-1.3-407 (2004) where the trial court retained jurisdiction because he did not successfully complete his YOS sentence and thus, the 16-year Department of Corrections sentence could not have been deemed completed.

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People v. Grady, Court of Appeals No.: 03CA0830, COURT OF APPEALS OF COLORADO, DIVISION A, May 19, 2005, Decided
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Overview: Concerning sexual exploitation of a child, Colo. Rev. Stat. ? 18-6-403 (2004), the People must prove that a person knowingly took sexually explicit photographs of a child and that the content of those photographs, viewed objectively, would lead to sexual gratification or stimulation of a reasonable viewer.

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People v. Heredia, Court of Appeals No.: 04CA0115, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 19, 2005, Decided
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Overview: After defendant pled guilty to escape from custody while on parole and his original sentences were reinstated, the trial court lacked jurisdiction to grant the State's motion to correct an illegal sentence under Colo. R. Crim. P. 35 as the sentences were valid and Rule 35 did not afford the State a basis to invoke the trial court's jurisdiction.

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People v. Jachnik, Court of Appeals No.: 04CA1046, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 19, 2005, Decided
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Overview: The county court had jurisdiction under Colo. Chief Just. Directive 95-01(5)(b) to accept pleas and conduct sentencing hearings in all felony filings where the most serious crime the defendant pleaded guilty to was a Class 4, 5, or 6 felony, but lacked the jurisdiction to conduct jury trials; therefore, defendant's conviction was void.

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People v. Shunneson, 05PDJ042, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, May 20, 2005, Decided
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