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   State Courts - Colorado - August 31, 2000

  
Colorado Interstate Gas Co. v. Property Tax Adm'r, No. 99CA1032, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 31, 2000, Decided
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Overview: The Colorado State Board of Assessment Appeals correctly concluded that financing costs were hypothetical costs which the property tax administrator was not required to consider as part of its tax valuation determination.

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Eurpac Serv. v. Republic Acceptance Corp., No. 99CA1261, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 31, 2000, Decided
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Overview: Creditor was liable to consignor of goods after seizing distributor's inventory, and evidence supported jury's exemplary damages award. Creditor was not prejudiced by trial court's comments or by alleged discovery violation.

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Hohertz v. People, No. 00PDJ014, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 31, 2000, Decided
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Overview: In an attorney disciplinary hearing, the court ordered petitioner's reinstatement to the practice of law.

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Hohertz v. People, No. 00PDJ014, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, August 31, 2000, Decided
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Margenau v. Bowlin, No. 99CA0059, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 31, 2000, Decided
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Overview: Court did not abuse its discretion in denying motion for mistrial and giving curative instruction instead; Colorado procedural rule permitted use of deposition testimony in civil trials. Record supported jury's damage award.

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People v. C.G., No. 99CA1927, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 31, 2000, Decided
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Overview: Trial court's ruling shortening the stipulated length of a deferred judgment and sentence agreement without the district attorney's consent was disapproved as lacking authority under state deferred sentencing statute.

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People v. Cook, No. 98CA1078, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 31, 2000, Decided
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Overview: Felony murder conviction was affirmed, but robbery conviction was vacated because it merged into felony murder conviction. Habitual criminal convictions were vacated because they related only to sentence for robbery.

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People v. Lee, No. 98CA1156, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 31, 2000, Decided
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Overview: Omission of a sentencing mitigating factor from instruction was not so pervasively prejudicial as to constitute plain error. Jury instructions adequately presented defendant's theory of the case. Decision to dismiss juror was not unfair.

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People v. Martinez, No. 98CA1459, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 31, 2000, Decided
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Overview: Victim's statements, properly admitted under the excited utterances and the medical diagnosis exceptions to the hearsay rule, did not violate defendant's constitutional rights to confrontation and to a fair trial.

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Quist v. Specialties Supply Co., No. 99CA1847, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 31, 2000, Decided
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Overview: Following a successful arbitration, the rule precluding double recovery barred plaintiffs from seeking an additional award of actual damages. However, the rule did not bar plaintiffs from pursuing exemplary damages.

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