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   State Courts - Colorado - June 26, 2006
  
B.H. v. People ex rel. X.H., Case No. 05SC686, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: Appellate court's judgment affirming the trial court's termination of a mother's parental rights was reversed as the department of human services failed to fulfill its statutory obligation of further inquiry and notice under the Indian Child Welfare Act, 25 U.S.C.S. ? 1901-1963, to determine whether or not the child was an Indian.

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City of Golden v. Parker, Case No. 05SC282, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: In a citizen's challenge to the City's continuing obligations under incentive agreements entered into with real estate developers, as the developers had a vested right in the agreements, they could not be disturbed by a home rule city charter amendment requiring voter approval of new grants of development subsidies under Colo. Const. art. II, ? 11.

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McNichols v. Elk Dance Colo., LLC (In re Elk Dance Colo. LLC), Case No. 04SA328, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: In property owners' challenge to the water court's dismissal of their challenge to a trial court's determination that a corporation owned disputed water rights, the doctrine of issue preclusion barred the owners from re-litigating the issue of ownership as they did not challenge the trial court's jurisdiction at trial or on direct appeal.

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N.F. v. R.A., Jr. ( In re Adoption of C.A.), Case No. 05SC526, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: Standard for grandparent visitation under Colo. Rev. Stat. ? 19-1-117 required (1) a presumption in favor of parental visitation determination; (2) a showing by grandparents that parental visitation determination was not in child's best interests; and (3) grandparents' showing visitation schedule was in best interests of child.

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People ex rel. E.L.T., Case No. 05SA166, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: In a delinquency proceeding, the trial court's disqualification of a county district attorney's office was remanded as the record did not support the disqualification, and Colo. Rev. Stat. ? 20-1-107(2) eliminated "appearance of impropriety" as a basis for disqualification of a district attorney.

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People ex rel. N.R., Case No. 05SA273, Case No. 05SA294, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: In attempted second-degree murder prosecution arising out of car accident, trial court erred in disqualifying district attorney's office because recent amendment to Colo. Rev. Stat. ? 20-1-107 had eliminated appearance of impropriety as basis for disqualification.

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People v. Barrow, Case No. 06SA56, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: Defendant, who was a juvenile, was charged with several offenses, including sexual assault and burglary. Defendant's statements were properly suppressed because during custodial interrogation of defendant, officer did not fully advise defendant of his right to have parent present during questioning, as required by Colo. Rev. Stat. ? 19-2-511.

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People v. Chavez, Case No. 05SA311, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: Although individual assistant district attorney was properly disqualified based on prior contact with defendant, the trial court erred in basing disqualification of the entire DA's Office on an appearance of impropriety because Colo. Rev. Stat. ? 20-1-107(2), eliminated "appearance of impropriety" as a basis for disqualification.

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People v. Manzanares, Case No. 05SA249, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: Trial court erred in disqualifying District Attorney's Office from defendant's criminal case because Colo. Rev. Stat. ? 20-1-107 (2005), eliminated "appearance of impropriety" as a basis for disqualification, and record did not show whether assistant DA's prior representation of defendant was "substantially related" or rendered fair trial unlikely.

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Phillips v. Englewood Post No. 322 Veterans of Foreign Wars of the United States, Inc., Case No. 05SA316, SUPREME COURT OF COLORADO, June 26, 2006, Decided
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Overview: In a bankruptcy case, the supreme court answered a certified question, holding that outside reverse piercing was appropriate when a claimant demonstrated that a controlling insider and a corporation were alter egos of each other and justice required recognizing the substance of that relationship over the form to achieve an equitable result.

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