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   State Courts - Colorado - June 6 - June 10, 2002

  
Dupre v. Allstate Ins. Co., Court of Appeals No. 01CA0630, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 6, 2002, Decided
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Overview: Policy did not preclude coverage for increased cost of repairs to comply with current building codes. Restoring house to pre-fire condition would have rendered it uninhabitable which did not comport with expectations of replacement cost policy.

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In re Marriage of Eggert, Court of Appeals No. 01CA1296, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 6, 2002, Decided
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Overview: Trial court erred in denying mother's motion for sanctions against parenting coordinator for her attempt to obtain payment for arbitration from child support arrearages, where claim was frivolous, as support was exempt from creditor claims.

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People v. Griffith, Court of Appeals No. 00CA1924, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 6, 2002, Decided
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Overview: Trial court did not commit plain error by failing to sua sponte instruct a jury concerning third degree criminal trespass as a lesser included offense of attempted first degree criminal trespass where no unlawful entry took place.

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People v. Whidden, Court of Appeals No. 01CA1155, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 6, 2002, Decided
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Overview: Denial of relief from revocation of parole was affirmed when the parole board had the authority to revoke defendant's parole based on a single drug test violation when it occurred in a subsequent test.

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Thacker v. Schlagel (In re Schlagel Trust), Court of Appeals No. 01CA1176, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 6, 2002, Decided
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Overview: Where plain language of power of attorney evidenced decedent's intention to authorize husband to make decisions concerning her interests in trusts generally, this language was sufficient to find husband had authority to revoke decedent's trust.

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Allstate Ins. Co. v. Huizar, Case No. 01SC9, SUPREME COURT OF COLORADO, June 10, 2002, Decided
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Overview: Where insured was awarded attorney fees in first case, insurance contract could not be interpreted to allow award on remand, and neither statutes nor policy relied on in first case created exception to rule that each party bear its own expenses.

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People v. Julien, Case No. 01SC85, SUPREME COURT OF COLORADO, June 10, 2002, Decided
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Overview: Where defendant was convicted of assault and possession of a weapon by a previous offender, and he moved to disqualify judge prior to sentencing, judge's previous employment with district attorney's office was not enough to disqualify judge.

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People v. Trupp, Case No. 01SA391, SUPREME COURT OF COLORADO, June 10, 2002, Decided
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Overview: Where attorney's license was suspended for child support arrearages, hearing board ruled in his favor, and attorney moved for sanctions for baseless filing of complaint, only counsel who signed complaint was answerable to motion for sanctions.

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