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   State Courts - Colorado - May 23 - May 31, 2005

  
Coors v. Security Life of Denver Ins. Co., Case No. 03SC682, SUPREME COURT OF COLORADO, May 23, 2005, Decided
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Overview: Although the insured failed to establish significant public impact to support his Colorado Consumer Protection Act claim, the insurer's material breach precluded enforcement of an early termination provision, and the record supported a treble damages award under Colo. Rev. Stat. § 13-21-102 for the insurer's willful and wanton conduct.

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Farmers Reservoir & Irrigation Co. v. City of Golden, Case No. 02SA298, SUPREME COURT OF COLORADO, May 23, 2005, Decided
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Overview: Attorney fees were properly awarded to appellee city in appellants' declaratory action seeking interpretation of 1960s decrees concerning water rights where appellants asserted a groundless judicial estoppel claim, appellee devoted at least 25 percent of its time to that issue, and the fees were reasonable and necessary.

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Lopez v. People, Case No. 04SC150, SUPREME COURT OF COLORADO, May 23, 2005, Decided
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Overview: Where defendant was convicted of vehicular homicide during deferral of his sentence for possession, vehicular homicide conviction was proper Blakely-exempt aggravating factor under Colo. Rev. Stat. § 18-1.3-401(6) for deferred possession sentence because facts were reflected in jury's verdict that was entered before deferred sentence.

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People v. Madera, Case No. 04SA213, SUPREME COURT OF COLORADO, May 31, 2005, Decided
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Overview: When defendant alleged ineffective assistance of counsel, trial court erred in ruling that defense counsel was required to turn over his file for in camera review, however, defendant did not waive privileges entirely because trial court's order was premature.

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People v. Rodriguez, Case No. 04SC219, SUPREME COURT OF COLORADO, May 31, 2005, Decided
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Overview: As Colo. Const. art. II, § 23, extended the right to a jury of 12 only to felony offenses, and defendant had been charged only with misdemeanors, a district court erred by reversing his county court conviction on grounds he was afforded only a jury of six under Colo. R. Crim P. 23(a)(2) and Colo. Rev. Stat. § 18-1-406(1) (2004).

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