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   State Courts - Colorado - June 25, 2001

  
Delong v. Trujillo, Case No. 99SC807, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Where employee was fired because he took leave under FMLA, under applicable interim regulations, employee could be disciplined for failing to comply with employer's requirements when employee was aware of those requirements.

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Downey v. People, Case No. 99SC664, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Defendant could not maintain a claim for ineffective assistance of advisory appellate counsel; counsel did not assume a broader role or exercise a degree of control appropriate for legal representation.

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Martin v. People, Case No. 99SC602, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Trial court erred in holding that defendant, who was convicted of a sexual assault on a child occurring in July 1993, was subject to a mandatory five-year period of parole in addition to a period of incarceration.

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N. Colo. Med. Ctr. v. Nicholas, Case No. 00SC418, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Appellate court erred in reversing trial court's grant of summary judgment in favor of medical center's review panel. Professional peer review did not constitute state action, and the participants were immune from suit.

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People v. Cooper, Consolidated Cases, Case No. 00SC474, Case No. 00SC499, Case No. 00SC587, Case No. 00SC588, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Under statutes in effect when defendants were sentenced, a person convicted of a sexual offense committed between July 1, 1996 and November 1, 1998 was subject to parole no longer than the remainder of the prison sentence imposed.

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People v. Garcia, Case No. 99SC772, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Where woman killed her husband with ax because of his repeated verbal, physical, and sexual assaults, trial court erred by instructing jury on second-degree murder-provocation, issue of retreat, and justifiable use of force.

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People v. Kazmierski, Case No. 00SA395, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Redacted affidavit did not establish probable cause to search defendants' home for evidence of drug manufacture. Good faith exception to exclusionary rule did not apply, where officer-affiant made statements with reckless disregard for truth.

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People v. Medina, Case No.00SA361, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Record supported the trial court's finding that detective's threat to have the child taken away unless defendant confessed to injuring the child had a significant role in inducing a confession. Suppression order was upheld.

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People v. Miller, Case No. 00SA389, SUPREME COURT OF COLORADO, June 25, 2001, Decided
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Overview: Trial court erred in granting defendant's motion for reconsideration of its ruling revoking defendant's Youthful Offender System sentence that had been imposed after suspending a 15-year sentence in the Department of Corrections.

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People v. Tidwell, Case No.: 00PDJ094, Supreme Court of Colorado, Presiding Disciplinary Judge, June 25, 2001, Decided
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Overview: An attorney was disbarred from the practice of law in Colorado for neglecting legal matters and misappropriation of client fees. The aggravating factors clearly outweighed the mitigating factors.

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