Colorado, June, 2007, State Case law

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State Courts - Colorado - June 14, 2007

Colo. Cmty. Health Network v. Colo. Gen. Assembly, Court of Appeals No. 05CA2577, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 14, 2007, Decided
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Overview: H.B. 04-1455 (Colo. 2005) was constitutional because it did not conflict with Amendment 35 to the Colorado Constitution; although Amendment 35 provided that the revenues generated from it would be used to "expand" health-related programs and services, it did not restrict the General Assembly's ability to change the amount of appropriations.

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Kenna v. Huber, Court of Appeals No. 06CA0608, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 14, 2007, Decided
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Overview: Colorado Department of Revenue could not rely on a regulation to require tenants in common to split a conservation easement income tax credit because the 1999 version of Colo. Rev. Stat. ? 39-22-522(2) did not require such a split, and the Department's attempt to alter the meaning of ? 39-22-522 by regulation was void.

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People ex rel. C.H., Court of Appeals No. 06CA1567, COURT OF APPEALS OF COLORADO, DIVISION SIX, June 14, 2007, Decided
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Overview: Mother asserted that her former attorney was ineffective for failing to call her therapist to testify during termination of parental rights hearing. Based on an offer of proof, the mother's ineffective assistance of counsel allegation warranted further inquiry by trial court. Thus, case was remanded to the trial court for an evidentiary hearing.

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People ex rel. M.A.M., Court of Appeals No. 06CA1961, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 14, 2007, Decided
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Overview: Although counsel's misunderstanding of the law did not constitute excusable neglect for failing to file a petition for review of a magistrate's delinquency decision in 15 days under Colo. Rev. Stat. ? 19-1-108(5)(a), certain factors should have been considered in deciding whether inexcusable neglect constituted good cause to extend the filing time.

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People v. Sisson, Court of Appeals No. 06CA0489, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 14, 2007, Decided
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Overview: Postconviction relief under Colo. R. Crim. P. 35 should have been granted in a case where a trial court sua sponte vacated a suspended portion of a sentence because an inmate had a liberty interest in the potentially reduced sentence; the mandatory language permitted suspension upon successful completion of a sex offender program.

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People v. Williams, Court of Appeals No. 06CA0073, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 14, 2007, Decided
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Overview: In drug case, trial court erred by admitting laboratory report without testimony of Colorado Bureau of Investigations agent who conducted testing as specific requirement in Colo. Rev. Stat. ? 16-3-309(5) that testing technician be made available at trial upon timely request overrode business records exception to hearsay rule, Colo. R. Evid. 803(6).

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Safari 300, Ltd. v. Hamilton Family Enters., Court of Appeals No. 06CA0065, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 14, 2007, Decided
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Overview: Corporation, which was under contract to operate a shooting range in a state park, was not a state employee entitled to protection under the Colorado Governmental Immunity Act (CGIA), Colo. Rev. Stat. ? 24-10-101 (2006) et seq.; a corporation could not be a public employee entitled to immunity under the CGIA.

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Safehouse Progressive Alliance for Nonviolence, Inc. v. Qwest Corp., Court of Appeals No. 06CA0083, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 14, 2007, Decided
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Overview: Where a battered women shelter's address was made public and sold by a phone company, the filed tariff doctrine under Colo. Rev. Stat. ? 40-3-103 barred negligence claims because tariffs stated that it was a customer's duty to ensure that the information remained nonpublished; the tariffs also limited any other potential liability to zero.

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Skyland Metro. Dist. v. Mt. West Enter., LLC, Court of Appeals No. 04CA2605, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 14, 2007, Decided
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Overview: Judgment enforcing special districts' liens against developers was reversed in part because no availability of service or facilities fees (ASF) were owed for two years since a district's lease purchase agreement could not properly be used to calculate ASF because it was not indebtedness under Colo. Rev. Stat. ? 32-1-1006(1)(h)(I)(C) and (E).

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Sotelo v. Hutchens Trucking Co., Court of Appeals No. 05CA2054, COURT OF APPEALS OF COLORADO, DIVISION SIX, June 14, 2007, Decided
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Overview: Because the trial court did not dismiss the entire action against appellant trucking company under Colo. R. Civ. P. 12(b) (the trial court granted the trucking company's motion to dismiss the tort claims, but declined to dismiss its breach of contract claim), it properly declined to award attorney fees under Colo. Rev. Stat. ? 13-17-201.

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