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   State Courts - Colorado - June 13, 2005
  
People v. Adkins, Case No. 05SA85, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: Defendant's statements made during custodial interrogation had to be suppressed because Fifth Amendment rights were violated when detective did not cease questioning upon invocation of right to counsel. During advisement of Miranda rights, defendant asked "why don't I have an attorney now," and at end of advisement, he again asked about a lawyer.

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People v. Garcia, Case No. 03SC675, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: Insulin-induced hypoglycemia could constitute affirmative defense of involuntary intoxication under Colo. Rev. Stat. ? 18-1-804(3). Court erred by not permitting defendant to proceed under claimed affirmative defense of voluntary intoxication as defense to attempted murder and in ruling that he could only present that defense by pleading insanity.

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People v. Hunsaker, 04PDJ093., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 13, 2005, Decided
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People v. Mazurek, 05PDJ047., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 13, 2005, Decided
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People v. Simonds, Case No. 04SC53, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: District court did not abuse its discretion in treating the prosecution's original application for entry of judgment and sentence as never having been abandoned where the application was filed within the time permitted by statute and was only withdrawn on the condition that defendant agreed to an extension of his deferred sentence.

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Prof'l Bull Riders, Inc. v. Autozone, Inc., Case No. 05SA30, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: Under Colo. Rev. Stat. ? 38-10-112(1)(a), an oral agreement was not void as violating the statute of fraud where it contemplated performance for more than one year but allowed a party the option to terminate it by a certain date less than a year from the agreement's date and when the party had not exercised that option to terminate.

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Ready Mix Concrete Co. v. Farmers Reservoir & Irrigation Co. (In re Application for Water Rights), Case No. 04SA285, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: Although concrete company claimed entitlement under 1918 decree to 900 acre-feet of fully consumable developed water for its use, decree and accompanying referee's report recognized native South Platte River water seepage right for irrigation use on 300 acres of land. Company failed to prove historical use of irrigation right over period of time.

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Sooper Credit Union v. Sholar Group Architects, P.C., Case No. 04SC206, SUPREME COURT OF COLORADO, June 13, 2005, Decided
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Overview: Issue presented in arbitration between architect and credit union was whether excessive labor rates were charged. Arbitrator did not exceed statutory authority, pursuant to Colo. Rev. Stat. ? 13-22-211 (2004), when he corrected award that was internally inconsistent because correction was a clarification, not a redetermination of merits.

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