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   State Courts - Colorado - August 28, 2003

  
Alfaro v. Indus. Claim Appeals Office , Court of Appeals No. 03CA0165, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 28, 2003, Decided
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Overview: Order entered pursuant to remand by the Colorado Industrial Claim Appeals Office exceed it's authority when it allowed the presentation of new evidence that was not presented to the first hearing officer whose decision was being appealed.

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Coors v. Sec. Life of Denver Ins. Co., Court of Appeals No. 02CA0851, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 28, 2003, Decided
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Overview: Insurer breached life insurance policy when it charged higher rate for death benefit than was initially provided for, and it could not reform the policy; however, its conduct did not violate consumer protection act, as no public impact occurred.

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Droste v. Bd. of County Comm'rs, Court of Appeals No. 02CA1156, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 28, 2003, Decided
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Overview: Despite a zoned land exemption in the Colorado Areas and Activities of State Interest Act, a county was permitted to regulate the development of land in order to protect wildlife under the Colorado Local Government Land Use Control Enabling Act.

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Estate of Breeden v. Gelfond, Court of Appeals No. 01CA1545, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 28, 2003, Decided
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Overview: Former personal representative of an estate who was sued for work he performed in that capacity was entitled to necessary expenses, disbursements, and reasonable attorney fees incurred in defending the action, where his work benefitted the estate.

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Haan v. Traylor, Court of Appeals No. 02CA0098, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 28, 2003, Decided
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Overview: In case involving installment land contracts, buyers were not entitled to rescind first contract, but they were entitled to rescind second contract because it was defective, as neither contract included required provision designating escrow agent.

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People v. Abiodun, Court of Appeals No. 02CA1484, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 28, 2003, Decided
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Overview: Defendant's statement during police interrogation that he went to buy "about one ounce of cocaine" was sufficient to support a jury's finding that he possessed at least one ounce of cocaine for sentencing purposes.

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People v. Bobrik, Court of Appeals No. 01CA0707, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 28, 2003, Decided
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Overview: Prosecution's factual basis tended to show numerous incidents over a long time. Thus, the trial court erred in determining that the sexual contacts involving the children arose from the same incident and therefore required consecutive sentences.

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People v. Carrasco, Court of Appeals No. 01CA1457, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 28, 2003, Decided
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Overview: Adjudication as a habitual criminal was affirmed, where the fingerprint card number linked defendant to the two previous felony convictions, and the fingerprints linked to the card number matched those taken from defendant during trial.

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People v. Dawson, Court of Appeals No. 02CA1171, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 28, 2003, Decided
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Overview: Sentencing court, upon deciding to impose aggravated range sentences, did not have to offer defendant a chance to withdraw guilty plea. Although prosecutor agreed not to recommend aggravated range, she made no affirmative favorable recommendation.

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People v. Martinez, Court of Appeals No. 02CA0366, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 28, 2003, Decided
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Overview: Harmless error resulted from violation of defendant's confrontation rights, where testimony of declarant's excited utterance was admitted and prosecution did not show declarant was unavailable; defendant was acquitted of charge related to utterance.

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