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   State Courts - Colorado - July 2, 2001

  
Dawson v. People, Case No. 99SC995, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Where trial court failed to advise defendant of mandatory period of parole following his release, error was harmless because period of incarceration plus that of parole fit within sentence defendant risked receiving originally.

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Dike v. People, Case No. 00SC332, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Defendant's convictions were affirmed because the district court retained jurisdiction to rescind its initial dismissal until expiration of the time for appeal, and it issued the corrective order one day before the time for appeal expired.

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Hersh Cos. v. Highline Vill. Assocs., Case No. 00SC74, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: The contractors' two year statute of limitations did not apply to a breach of warranty claim against a painter who refused to comply with his warranty where apartment owner filed suit more than two years after discovery of the defect.

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Hoffler v. Colo. Dep't of Corr., Case No. 00SC116, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Terminated state employee's recanted statements in the course of an investigation that a co-employee had sexually harassed her were not protected by common law privilege and could be used in disciplinary proceedings brought against her.

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Pub. Serv. Co. v. Pub. Utilities Comm'n, Case No. 00SA24, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Utility company failed to meet its burden of proof that the regulatory agency's actions were unlawful. The agency acted within its authority. Its decision was just and reasonable and it was supported by substantial evidence.

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Pub. Serv. Co. v. Van Wyk, Case No. 99SC783, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Utility commission's approval of line upgrades did not preclude inverse condemnation, trespass, and nuisance claims, and while allegations of intangible invasions did not support condemnation or trespass claims, the nuisance claim survived.

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Rogers v. Westerman Farm Co., Case No. 99SC293, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Costs incurred to make natural gas marketable were to be borne solely by lessees, while costs incurred subsequent to gas being marketable were to be shared proportionately between lessees and lessors. Marketability of gas was a question of fact.

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Sky Fun 1 v. Schuttloffel, Case No. 00SC291, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Young v. People, Case No. 00SC240, SUPREME COURT OF COLORADO, July 2, 2001, Decided
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Overview: Where trial court failed to advise defendant of mandatory period of parole following his release, error was harmless because period of incarceration plus that of parole fit within sentence defendant risked receiving originally.

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