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   State Courts - Colorado - June 30 - July 7, 2005

  
Certain Underwriters at Lloyd's London v. Rychel, Court of Appeals No.: 03CA1959, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 30, 2005, Decided
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Overview: Grant of summary judgment to insurer, Colo. R. Civ. P. 56(c), was affirmed where there was no coverage under professional athlete disability insurance policy because there was no genuine issue regarding fact that precipitating event was a fight insured engaged in during hockey game, that insured expected to fight, and that fight caused the injury.

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Family Tree Found. v. Property Tax Adm'r, Court of Appeals No. 04CA0701, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 30, 2005, Decided
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Overview: Where it was undisputed that a nonprofit organization's property was occupied by qualified individuals for several months during 2003 and was never used for profit or gain, the Colorado State Board of Assessment Appeals' decision to grant the organization a tax exemption under Colo. Rev. Stat. ¿ 39-3-112 (2004) was supported by competent evidence.

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In re Marriage of Goodbinder, Court of Appeals No. 03CA2111, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 30, 2005, Decided
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Overview: Denial of the father's bill of costs was vacated and remanded because a remand was necessary for specific findings of fact and conclusions of law as the trial court denied the father's bill of costs without comment and without making any findings of fact or stating its reasons for denying the bill of costs.

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People v. Cruthers, Court of Appeals No.: 03CA2190, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 30, 2005, Decided
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Overview: Trial court committed plain error in entering judgment on defendant's DUI conviction, Colo. Rev. Stat. ¿ 42-4-1301(1)(a) (2004), where it constituted a lesser included offense of vehicular assault conviction, Colo. Rev. Stat. ¿ 18-3-205(1)(b) (2004), because elements of DUI had to be proved to sustain vehicular assault conviction.

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People v. Escalera, Court of Appeals No. 04CA1097, COURT OF APPEALS OF COLORADO, DIVISION A, June 30, 2005, Decided
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Overview: Judgment of bond forfeiture was reversed and remanded because the sheriff's office played a pivotal role in preventing defendant from appearing at trial when it transferred custody of him to the United States Immigration and Naturalization Service for deportation.

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People v. Taylor, Court of Appeals No. 04CA0179, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 30, 2005, Decided
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Overview: The evidence was sufficient to support defendant's convictions for forgery and attempting to influence a public servant by unlawful means, the trial court did not err by allowing an investigator to comment on the strength of the evidence under Colo. R. Evid. 403, and the State's rebuttal remarks were proper attacks upon defendant's credibility.

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Romero v. Vasquez (In re Estate of Romero), Court of Appeals No. 04CA0013, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 30, 2005, Decided
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Overview: Denial of petition for adjudication of intestacy was affirmed because the decedent's lack of knowledge of the actual value of his estate did not affect his testamentary capacity and there was no error by the probate court in finding that the decedent did not have an insane delusion regarding the amount of his estate.

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Woods v. City & County of Denver, Court of Appeals No.: 03CA1848, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 30, 2005, Decided
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Overview: Under the Lautenberg Amendment, 18 U.S.C.S. ¿ 922(g)(9), to the Gun Control Act of 1968, 18 U.S.C.S. ¿ 921 et seq., once a domestic relationship had begun, violence in the context of that relationship was domestic regardless of whether the parties terminated their relationship before or after the violence occurred.

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People v. Tenbrink, 05PDJ019, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 1, 2005, Decided
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People v. Matthews, 05PDJ030., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 7, 2005, Decided
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