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   State Courts - Colorado - May 23, 2002

  
City & County of Denver v. Bd. of Adjustment, Court of Appeals No. 01CA0762, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 23, 2002, Decided
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Overview: The district court erred in reversing an order of the Board of Adjustment of the City and County of Denver revoking a developer's zoning permit; the board's findings and conclusions were supported by the record.

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Cunliffe v. Indus. Claim Appeals Office, Court of Appeals No. 01CA2446, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 23, 2002, Decided
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Overview: Disqualification from receipt of unemployment benefits was affirmed when the employee's resignation was considered to have been voluntary for purposes of determining the employee's entitlement to unemployment compensation benefits.

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Estate of Schiola v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 01CA1255, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 23, 2002, Decided
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Overview: Dismissal of allowance of claim by estate for Medicaid benefits provided deceased was affirmed when the notice was properly served on the personal representative, but was defective.

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Jiminez v. Indus. Claim Appeals Office, Court of Appeals No. 01CA2044, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 23, 2002, Decided
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Overview: Retroactive offset of workers' compensation benefits for social security payments received by injured worker was affirmed when the retroactive offset was not tantamount to an improper retroactive correction.

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Moczygemba v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 01CA1295, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 23, 2002, Decided
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Overview: District court erred in upholding decision of Colorado Department of Health Care Policy and Financing in denying applicant's application for home care services as ALJ did not base determination on speculation about applicant's future risk.

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People v. Balkey, Court of Appeals No. 01CA0018, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 23, 2002, Decided
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Overview: A trial court did not err by providing the jury in defendant's vehicular homicide case with a transcript of the State's chief witness's testimony where the court took safeguards against the jury overemphasizing that evidence.

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People v. Becker, Court of Appeals No. 01CA0151, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 23, 2002, Decided
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Overview: Indeterminate sentence against defendant of 48 years to life was not abuse of discretion as trial court had imposed sentence of at least 16 years, which was midpoint of range. Sentence had to have maximum term equal to defendant's natural life.

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People v. Harrison, Court of Appeals No. 01CA0147, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 23, 2002, Decided
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Overview: Although the oral advisement of defendant's rights was done very quickly and was hard to understand, defendant's waiver of his constitutional rights under Miranda was knowing, voluntary, and intelligent.

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Terry v. Sullivan, Court of Appeals No. 00CA2156, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 23, 2002, Decided
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Overview: Insofar as a genuine issue of material fact existed regarding whether the one-year statute of limitations was tolled because one of the plaintiffs was "under disability," summary judgment on this plaintiff's claim against the sheriff was improper.

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Uih-Sfcc Holdings, L.P. v. Brigato, Court of Appeals No. 01CA1234, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 23, 2002, Decided
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Overview: It was error to dismiss resident partnership's case against limited partners on basis of forum non conveniens, where there were no unusual circumstance warranting departure from norm that resident was entitled to litigate in its State.

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