Colorado, June, 2007, State Case law

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State Courts - Colorado - June 25, 2007

Bostelman v. People, Case No. 06SC70, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Because the juvenile was 13 when the alleged burglary and thefts took place, the prosecution did not have the authority under Colo. Rev. Stat. ? 19-2-517(1)(a)(IV) to charge him as an adult in district court, and the district court did not have the authority to sentence him as an adult for that offense.

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City & County of Denver v. Crandall, Case No. 06SC424, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Two airline employees alleged injuries due to environmental contamination within airport. Trial court erred in not granting city's Colo. R. Civ. P. 12(b)(1) motion because employees failed to show separate and distinct recurring injuries for purposes of Colo, Rev. Stat. ? 24-10-109(1), Colorado Governmental Immunity Act's 180-day notice period.

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Craig v. Carlson, Case No. 06SC99, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: In a medical malpractice suit, patient and her husband alleged physician violated Fourteenth Amendment's Equal Protection Clause by using peremptory strikes to eliminate women from jury. Successor court did not err in making post-trial Batson motion determination because it was within trial court's discretion to hear motions for new trial.

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In re Marriage of Ikeler, Case No. 06SC664, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Colorado Supreme Court held that under the Colorado Marital Agreement Act, Colo. Rev. Stat. ?? 14-2-301 to -310 a waiver of attorney's fees in a marital agreement was subject to review for unconscionability at the time of the dissolution and court of appeals erred in reversing trial court's award of fees to wife under Colo. Rev. Stat. ? 14-10-119.

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Melina v. People, Case No. 05SC500, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Trial court did not need to give jurors an unanimity instruction because prosecution did not present two discrete, mutually exclusive, and independent crimes of solicitation but instead evidence presented and theory of the case was that defendant engaged in single transaction of solicitation under Colo. Rev. Stat. ? 18-2-301(1) for victim's murder.

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People v. Lehnert, Case No. 05SC916, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Because sufficient evidence at trial established that defendant took a substantial step toward the commission of the crime of first-degree attempted murder, as required under Colo. Rev. Stat. ? 18-2-101(1), the court of appeals erred in reversing her conviction and was directed on remand to reinstate the judgment of conviction.

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People v. Lincoln, Consolidated Cases Nos. 07SA82 & 07SA83, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Court erred in disqualifying prosecutors and a district attorney's office under Colo. Rev. Stat. ? 20-1-107 because of the unrelated nature of the prosecuting attorneys' prior representations, the mandatory obligation to disclose exculpatory information, and the prosecuting attorneys' assertions that they did not have exculpatory information.

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People v. McDaniel, Case No. 07SA36, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Where defendant's vehicle was impeding traffic, an officer was justified in conducting an investigatory stop; there was no illegal seizure within the meaning of the Fourth Amendment. Defendant was not entitled to suppress her incriminating statements and evidence of drugs found during a search of her purse conducted for officer safety.

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Pulsifer v. Pueblo Prof'l Contrs., Inc., Case No. 07SA24, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: In a workers' compensation dispute between a worker, who was a subcontractor, and a contractor, claim was subject to a $15,000 statutory limit, pursuant to Colo. Rev. Stat. ? 8-41-401(3), because worker admitted that he was hired to perform services, and he was excluded from statutory definition of "employee."

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Spring Creek Ranchers Assn v. McNichols , Case No. 05SA326, SUPREME COURT OF COLORADO, June 25, 2007, Decided
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Overview: Inter alia, the water court did not abuse its discretion in awarding a reasonable amount of attorney fees to homeowners' association under Colo. Rev. Stat.?? 13-17-102(4) finding that the individual owners and their attorney were "stubbornly litigious" for continuing to relitigate a settled issue contrary to the water court's explicit admonition.

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