Colorado, September, 2004, State Case law

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State Courts - Colorado - September 9, 2004

Backstreet v. Hopp & Flesch, LLC, Court of Appeals No.: 03CA1522, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 9, 2004, Decided
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Overview: On client's appeal of adverse summary judgment in malpractice case, judgment was reversed; attorney erred in advising client not to participate in internal investigation as she was expressly promised that statements could not be used against her.

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Bedard v. Martin, Court of Appeals No.: 03CA0813, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 9, 2004, Decided
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Overview: On purchaser's appeal of adverse summary judgment, judgment was reversed on his claim for attorney fees and costs incurred in his quiet title action against the true owner but he could not recover against the sellers.

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Craven v. S. Farm Bureau Cas. Ins. Co., Court of Appeals No.: 03CA1674, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 9, 2004, Decided
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Overview: Trial court properly ruled that Arkansas judgment in favor of insurer was entitled to full faith and credit in Colorado, as it was not contrary to existing public policy concerning PIP benefits; insured had other tort remedies against other driver.

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Dillen v. HealthOne, L.L.C., Court of Appeals No.: 03CA1189, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 9, 2004, Decided
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Overview: On employee's appeal of denial of prejudgment interest in breach of contract case, judgment was affirmed; she failed to request specific jury findings regarding past and future damages and did not show on appeal that damages were subject to statute.

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Kennedy v. Indus. Claim Appeals Office, Court of Appeals No.: 03CA1891, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 9, 2004, Decided
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Overview: Rulings of a PALJ were binding on the parties, and its order disposed of the employee's request to change the location of the DIME. A penalty imposed for failure to obey a lawful order was proper.

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People v. Dunlap, Court of Appeals No. 01CA1082, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 9, 2004, Decided
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Overview: In an aggravated robbery case, although jury instructions regarding enhancement factors were insufficient, there was no plain error where the elements of robbery were completely subsumed in the aggravated robbery instruction.

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People v. Mullins, Court of Appeals No. 02CA0465, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 9, 2004, Decided
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Overview: Improper testimony regarding the procedure for obtaining an arrest warrant and the prosecutor's mistaken statements that only defendant could claim self-defense sufficiently undermined confidence in the reliability of the conviction.

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People v. Shawn, Court of Appeals No.: 02CA2394, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 9, 2004, Decided
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Overview: Evidence was sufficient to sustain defendant's felony menacing conviction where he scratched the victim with his fingernails, he broke the skin, and he stated, "I'm HIV positive, let go of me."

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People v. Solis-Martinez, Court of Appeals No.: 03CA1365, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 9, 2004, Decided
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Overview: Under Apprendi and Blakely, a sentence beyond the relevant statutory maximum could be imposed only if a jury determined the aggravating factors or defendant admitted them. Where defendant pled guilty, court could not impose aggravated range sentence.

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Reliance Ins. Co. v. Blackford, Court of Appeals No. 03CA0774, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 9, 2004, Decided
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Overview: Workers' compensation award was reversed, vacated, and remanded, as the trial court did not make an explicit finding regarding the total amount of damages, nor did it order that the settlement proceeds be distributed based on such an allocation.

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