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   State Courts - Colorado - June 6 - June 7, 2005
  
Alcon v. Spicer, Case No. 04SA347, SUPREME COURT OF COLORADO, June 6, 2005, Decided
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Overview: Trial court abused its discretion by ordering blanket release of a personal injury plaintiff's medical records, her pharmaceutical records and her tax returns from past 10 years where plaintiff had not waived physician-patient privilege by injecting her physical condition into the case; only records relating to claimed injuries had to be released.

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In re Estate of Klarner, Case No. 04SC214, SUPREME COURT OF COLORADO, June 6, 2005, Decided
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Overview: In trustees' action seeking to recover estate taxes, I.R.C. ? 2207A governed the apportionment of all estate taxes, federal and state, arising from the inclusion of the decedent's Qualified Terminable Interest Property Trust. The language in the testamentary documents was insufficient to waive apportionment of either federal or state estate taxes.

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In re Marriage of Ciesluk, Case No. 04SC555, SUPREME COURT OF COLORADO, June 6, 2005, Decided
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Overview: Colo. Rev. Stat. ? 14-10-129, as amended, eliminated the Francis test used in determining child's best interest in relocation cases, including the presumption in favor of majority time parent seeking relocation, thus trial court erred in requiring mother to show that proposed move would enhance son's life and in not imposing equal burden on father.

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People v. Makepeace, 05PDJ007., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 6, 2005, Decided
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People v. Miller, Case No. 04SC414, SUPREME COURT OF COLORADO, June 6, 2005, Decided
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Overview: Constitutional harmless error review applied only when defendant preserved his claim by tendering a contemporaneous objection to an allegedly erroneous jury instruction. Because defendant failed to object at trial to an instruction on intoxication and its effect on the "after deliberation" element of first-degree murder, plain error applied.

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Spahmer v. Gullette, Case No. 03SC751, SUPREME COURT OF COLORADO, June 6, 2005, Decided
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Overview: In a father's suit for the allocation of parental rights and responsibilities under Colo. Rev. Stat. ? 14-10-124 (2004), the trial court abused its discretion by ordering the mother to stay in Colorado with the child as it had no statutory authority to do so; in allocating parenting time, it should have accepted where each party intended to live.

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People v. Peters, 05PDJ001, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 7, 2005, Decided
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