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   State Courts - Colorado - June 28, 2004
  
Cassels v. State, Case No. 03SC229, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: In murderer's appeal, judgment was reversed; the trial court erred in refusing to instruct the jury on the provocation mitigator and the doctrine of no-retreat.

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Garhart v. Columbia/Healthone. L.L.C., Case No. 02SA182, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: A finding against periodic payments under the Health Care Availability Act (HCAA) was improper where the periodic payment portion of the HCAA was constitutional; thus, periodic payments of the minor child's future damages were required.

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In re Trupp, Case No. 03SA344, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: An assistant attorney regulation counsel did not file a frivolous complaint against an attorney, where the counsel investigated the facts and the law and had the approval of the Colorado Attorney Regulation Committee before filing the complaint.

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Jahn v. ORCR, Inc., Case No. 04SA30, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: Claim preclusion did not bar unnamed members of class seeking injunctive relief, and certified, from bringing damage claims in subsequent litigation. New rule was absolute and provided reviewing courts with a simple inquiry to determine such claims.

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Owens v. Colo. Cong. of Parents, Case No. 03SA364, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: Colorado Opportunity Contract Pilot Program was unconstitutional as it interfered with the local school districts' discretion to allocate their funding by directing them to turn over a portion of their locally-raised funds to nonpublic schools.

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People v. Barr, No. 03PDJ096, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 28, 2004, Decided
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People v. Fry, Case No. 03SC98, SUPREME COURT OF COLORADO, June 28, 2004, Decided
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Overview: The trial court erred in admitting preliminary hearing testimony of a witness who died before trial because preliminary hearings in Colorado did not present an adequate opportunity for cross-examination, and the error was not harmless.

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People v. Isaac, No. 04PDJ069, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 28, 2004, Decided
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People v. Matthews, No. 03PDJ068, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 28, 2004, Decided
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People v. Muhammad, No. 04PDJ053, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 28, 2004, Decided
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