Colorado, September, 2006, State Case law

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State Courts - Colorado - September 21 - September 29, 2006

Grand County Custom Homebuilding. LLC v. Bell, Court of Appeals No.: 05CA2778, COURT OF APPEALS OF COLORADO, September 21, 2006, Decided
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Overview: In contract dispute, homebuilder's motion to dismiss appeal of judgment against home owners as untimely was denied because under Colo. App. R. 4(a), trial court's order of costs, prejudgment interest, and fees was not final until amount of prejudgment interest was reduced to sum certain, and time for filing appeal did not commence until that date.

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People ex rel. K.L-P, Court of Appeals No.: 06CA0766, COURT OF APPEALS OF COLORADO, September 21, 2006, Decided
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People v. Mazzoni, Court of Appeals No.: 04CA0581, COURT OF APPEALS OF COLORADO, September 21, 2006, Decided
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Overview: Trial court did not violate defendant's Sixth Amendment right to a jury trial under Apprendi rule by imposing sentence beyond maximum presumptive range, because juvenile adjudications were treated as convictions for sentencing under Colo. Rev. Stat. ? 19-1-103(2) and they fell within Apprendi prior conviction exception, despite lack of jury trial.

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People v. Pagan, Court of Appeals Nos.: 04CA0527 & 04CA0873, COURT OF APPEALS OF COLORADO, September 21, 2006, Decided
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Overview: Trial court erred by concluding that the jury's acquittal of defendant on the charge of theft over $ 15,000 collaterally estopped it from awarding restitution in an amount over $ 15,000 because the trial court was still free to reach a contrary conclusion for restitution purposes under a preponderance of the evidence burden of proof.

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Reed Mill & Lumber Co. v. Jensen, Court of Appeals No.: 05CA0431, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 21, 2006, Decided
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Overview: A three-year period on a noncompete agreement made in connection with a sale was unreasonable under Colo. Rev. Stat. ? 8-2-113 where it was extended to six years due to the fact that the employee was retained after the sale; the employer had enough time to learn the business and to protect its interest in three years.

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Sanger v. Dennis, Court of Appeals No.: 06CA1944, COURT OF APPEALS OF COLORADO, DIVISION A, September 28, 2006, Decided
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Overview: Enjoining the implementation of rule promulgated by Colorado Secretary of State forcing unions to get written permission before using individuals' dues to fund political campaigns was proper because there was reasonable probability that unions would succeed on their First Amendment claims.

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People v. Gabalac, 06PDJ073, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 29, 2006, Decided
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