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   State Courts - Colorado - September 8 - September 18, 2006

  
People v. Winslow, 06PDJ066, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 8, 2006, Decided
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In re Bass, Case No. 05SA279, SUPREME COURT OF COLORADO, September 11, 2006, Decided
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Overview: Presiding Disciplinary Judge (PDJ) properly transferred attorney to inactive disability status under Colo. R. Civ. P. 251.23 where attorney repeatedly failed to comply with PDJ's orders in attorney disciplinary action and PDJ properly reconsidered earlier ruling regarding evidence.

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Natural Energy Res. Co. v. Upper Gunnison River Water Conservancy Dist. (In re Application for Water Rights), Case No. 05SA267, SUPREME COURT OF COLORADO, September 11, 2006, Decided
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Overview: Court affirmed water court's summary judgment dismissing a natural energy resources company's application for a finding of reasonable diligence in a conditional water rights decree because company was issue precluded from establishing that it "can and will," pursuant to Colo. Rev. Stat. § 37-92-305(9)(b) (2005), complete its project with diligence.

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People v. Johnson, Case No. 05SC408, SUPREME COURT OF COLORADO, September 11, 2006, Decided
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Overview: Court of appeals erred in holding that Blakely applied retroactively to those cases that were pending on direct review at the time Apprendi was decided; thus, court reversed decision of the court of appeals vacating respondent's sentence for theft and remanding for resentencing because respondent's conviction was final before Blakely was announced.

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State Farm Mut. Auto. Ins. Co. v. Progressive Mut. Ins. Co., Case No. 05SA369, SUPREME COURT OF COLORADO, September 11, 2006, Decided
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Overview: Colo. Rev. Stat. § 10-4-609(2) was integral to determining if a tortfeasor's vehicle was "underinsured" in the first place, and interpreting the word "limits" in § 10-4-609(4)(a) to mean the full amount of UIM coverage allowed by an injured party's policy, including terms permitting stacking, served to avoid conflict between § 10-4-609(2) and (4).

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People v. Keller, 06PDJ062, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 13, 2006, Decided
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People v. Asmus, 06PDJ018., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 15, 2006, Decided
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People v. Asmus, Case Number: 06PDJ018, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 15, 2006, Decided
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Overview: Disbarment was the appropriate sanction for an attorney because he completely neglected two clients and knowingly converted at least a portion of the advanced fees they paid to him. Also unchallenged evidence established that aggravating factors existed and the attorney failed to present mitigating evidence.

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People v. Robinson, 05PDJ068, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 18, 2006, Decided
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