Colorado, June, 2003, State Case law

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State Courts - Colorado - June 19, 2003

Goodwin v. Thieman, Court of Appeals No. 02CA1345, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 19, 2003, Decided
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Overview: Because corporation that once owned land was not a public agency, it could not qualify as a quasi-municipal corporation under adverse possession statute and summary judgment was improperly granted against claimant on his adverse possession action.

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In re Estate of Santarelli, Court of Appeals No. 02CA0788, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 19, 2003, Decided
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Overview: Probate court properly questioned the appropriateness of the personal representative and attorney fees. Because there was no substantiation or justification for the fees awarded, the probate court was authorized to order a reduction in those fees.

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In re Marriage of Zappanti, Court of Appeals No. 02CA0918, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 19, 2003, Decided
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Overview: Classifying, valuing, and dividing the husband's railroad retirement benefits as martial property was reversed and remanded, because Tier I benefits received under the Railroad Retirement Act of 1974 was separate property.

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Liscio v. Pinson, Court of Appeals No. 02CA0124, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 19, 2003, Decided
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Overview: Patient's new claims were barred by two-year statute of limitations and amended complaint would have been futile. Plaintiffs' expert's testimony was properly excluded for prejudicial effect. Discovery sanction against plaintiffs was proper.

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People v. Martinez, No. 03PDJ040, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 19, 2003, Decided
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People v. Oglethorpe, Court of Appeals No. 02CA0347, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 19, 2003, Decided
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Overview: Sentence was affirmed when the Colorado Sex Offender Lifetime Supervision Act of 1998 did not violate defendant's due process or equal protection rights, the separation of powers doctrine, and was not disproportionate to the offense.

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People v. Palmer, Court of Appeals No. 01CA0937, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 19, 2003, Decided
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Overview: Defendant was not noticed for felony murder, as the information specified the elements of burglary, including intent to commit felony menacing. An intended victim of menacing did not have to be found by the jury.

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People v. Weston, No. 02PDJ086, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 19, 2003, Decided
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People v. Woellhaf, Court of Appeals No. 00CA2351, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 19, 2003, Decided
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Overview: Sentences based on convictions for four counts each of sexual assault on child-pattern and of sexual assault on child by one in position of trust-pattern, which were based on four sexual acts, did not violate defendant's double jeopardy rights.

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Walker-Lawrence v. Dist. Court, Court of Appeals No. 02CA0849, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 19, 2003, Decided
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Overview: Petitioner, in entering a guilty plea under the plea agreement, validly waived several rights, including the right to request sealing the record; thus, the trial court properly denied petitioner's request to seal the record.

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