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State Courts -
Colorado - July 11 - July 13, 2006
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Levine v. Katz, Court of Appeals No.: 04CA2399,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 13, 2006, Decided
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Overview: Based on the facts alleged, the claims asserted, and the relief requested, personal representative's complaint alleged legal malpractice claims, and not probate claims within the meaning of Colo. Rev. Stat. ?? 13-9-103(1) and 15-16-201. Accordingly, district court erred in determining that it lacked subject matter jurisdiction over the case.
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Levine v. Katz, Court of Appeals No. 05CA0490,
COURT OF APPEALS OF COLORADO, DIVISION TWO, July 13, 2006, Decided
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Overview: Based on the facts alleged, the claims asserted, and the relief requested, personal representative's complaint alleged legal malpractice claims, and not probate claims within the meaning of Colo. Rev. Stat. ?? 13-9-103(1) and 15-16-201. Accordingly, probate court had no jurisdiction to dismiss complaint for failure to state a claim.
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Mapes v. City Council of Walsenburg, Court of Appeals No.: 05CA0104,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 13, 2006, Decided
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Overview: As real estate broker alleged facts in his complaint against seller that, if true, entitled him to a commission under unambiguous terms of an open listing contract with a city, district court erred as matter of law by granting city's motion to dismiss as broker alleged he had procured buyer ready, willing, and able to complete sale on city's terms.
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People v. Walters, Court of Appeals No.: 02CA2419,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 13, 2006, Decided
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Overview: Defendant's right to a fair trial was violated by prosecutorial misconduct, Colo. Const. art. II, ? 16, because the prosecutor's assertion that defendant lurked around elementary schools was not only devoid of evidentiary support, it impermissibly implied that defendant possessed a trait of character that reflected a propensity to prey on children.
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