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   State Courts - Colorado - October 12, 2000

  
Fisher v. Barnes (In re Estate of Dancer), No. 99CA0537, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 12, 2000, Decided
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Overview: Legatee did not met his burden of proving that will reflected testator's intent, notwithstanding harmless error statute that allowed admission to probate wills which were not formally executed or met holographic will requirements.

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People ex rel. B.W., No. 99CA1564, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 12, 2000, Decided
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Overview: Colo. Rev. Stat. § 19-4-116(4) permitted retroactive child support to the date of the child's birth, thereby placing the same burden upon married and unmarried parents. The statute therefore did not violate equal protection.

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People v. Koehler, No. 98CA2166, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 12, 2000, Decided
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Overview: Portion of sentence which required defendant to serve mandatory parole was vacated and remanded for resentencing to discretionary parole for a period that did not exceed balance of the originally imposed sentence to prison.

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People v. Lesslie, No. 99CA1048, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 12, 2000, Decided
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Overview: Defendant sought review of the District Court of Hinsdale County (Colorado) decision denying his Colo. R. Crim. P. 35(c) motion, claiming counsel was ineffective and admissions were inadmissible because of attorney-client privilege.

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People v. Martinez, No. 99CA1325, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 12, 2000, Decided
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Overview: Voir dire regarding death penalty was permissible to determine bias, even when jurors' duty was to determine guilt or innocence. The trial court did not abuse it discretion in admitting evidence of gang membership as res gestae.

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People v. Rogers, No. 99CA1444, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 12, 2000, Decided
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Overview: Driver was not entitled to set aside or modify restitution under no-fault insurance where the restitution was ordered as part of a criminal proceeding.

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Prefer v. PharmNetRx, L.L.C., No. 99CA0650, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 12, 2000, Decided
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Overview: Dismissal of employee's claims for failure to disclose specific information was not an abuse of discretion, but company was not entitled to retain possession of replevied property because replevin order was not permanent.

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Steamboat Springs Rental & Leasing, Inc. v. City & County of Denver, No. 99CA1838, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 12, 2000, Decided
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Overview: Dismissal of plaintiff's appeal of sales tax assessment was affirmed, based on res judicata.

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Sullivan v. Industrial Claim Appeals Office, No. 99CA2203, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 12, 2000, Decided
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Overview: A claimant's status as employee for purposes of workers' compensation coverage, when he is acting as member of National Guard, depends on whether he is engaged in active service, pursuant to call for action by governor or president.

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Vanderbeek v. Vernon Corp., No. 99CA1214, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 12, 2000, Decided
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Overview: Wrongful attachment damages awarded to defendant limited to the additional amounts paid for common shares earmarked to be, and actually, bought, and not more speculative lost profits on shares earmarked to be, but never actually, bought.

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