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   State Courts - Colorado - July 2, 2007

  
Denver Found. v. Wells Fargo Bank, N.A., Case No. 05SC849, SUPREME COURT OF COLORADO, July 2, 2007, Decided
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Overview: A trust agreement, which incorporated by reference a foundation's declaration, allowed a bank to transfer the trust principal to the foundation's nonprofit corporation to hold for management and investment where the foundation had so construed its declaration in good faith and that interpretation corresponded with the settlors' intent.

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Frasco v. People, Case No. 06SC314, SUPREME COURT OF COLORADO, July 2, 2007, Decided
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Overview: Trial court did not abuse its discretion in honoring jury's request to view child-victim's videotaped interview during deliberations because defense counsel represented that he did not object to viewing and made tactical use of inconsistencies in videotape and the jury was cautioned not to give videotape greater significance than other evidence.

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Medina v. People, Case No. 06SC188, SUPREME COURT OF COLORADO, July 2, 2007, Decided
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Overview: Trial court violated defendant's Fifth and Sixth Amendment rights when it entered its own conviction and sentence for a class 4 felony under Colo. Rev. Stat. § 18-8-105(3) because the jury had found defendant guilty of a lesser class 5 felony under Colo. Rev. Stat. § 18-8-105(4).

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People v. Mills, Case No. 06SA316, Case No. 06SA317, SUPREME COURT OF COLORADO, July 2, 2007, Decided
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Overview: Deputy public defenders were allowed to present sealed affidavits to the trial court demonstrating facts indicating that their clients received ineffective assistance of counsel during a prior conviction proceeding; alternate defense counsel was to be appointed if the alleged conflicts of interest were sufficient to warrant further investigation.

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