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   State Courts - Colorado - November 3 - November 10, 2008
  
Barber v. Ritter, Case No. 07SC373, SUPREME COURT OF COLORADO, November 3, 2008, Decided
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Overview: Transfer of monies from special cash funds to the state's general fund did not violate Amendment 1, Colo. Const. art. X, ? 20, and did not trigger Amendment 1's voter approval requirement. Transfer of fees from the special cash funds to the general fund did not transform those fees into taxes, nor did the transfers result in a net revenue gain.

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Buffalo Park Dev. Co. v. Mt. Mut. Reservoir Co., Case No. 06SA373, SUPREME COURT OF COLORADO, November 3, 2008, Decided
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Overview: An augmentation plan was not approved for three subdivisions because an applicant failed to prove the existence of unappropriated water, under Colo. Rev. Stat. ? 37-92-305(9)(b), or that its proposed diversions would be non-injurious to the owners of vested small capacity wells, under Colo. Rev. Stat. ? 37-92-305(3)(a), (5), (8).

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Cantrell v. Cameron, Case No. 08SA162, SUPREME COURT OF COLORADO, November 3, 2008, Decided
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Overview: A district court's order compelling production of a driver's laptop, in a negligence suit alleging that a traffic accident was caused because the driver was using the laptop at the time of the accident, was vacated because the district court failed to assess the scope of the disclosure to protect the driver's privacy interests.

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People v. Marquez, Case No. 08SA186, SUPREME COURT OF COLORADO, November 3, 2008, Decided
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Overview: A trial court erred in suppressing a gun as an unconstitutional seizure, under U.S. Const. amend. IV, because the search of the vehicle, in which defendant was a passenger, was lawfully stopped for reasonable suspicion of a speed limit violation and its driver was lawfully arrested on an outstanding warrant.

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Reyes v. People, Case No. 07SC658, SUPREME COURT OF COLORADO, November 3, 2008, Decided
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Overview: Defendant's motion to dismiss under the anti-shuttling provisions of the Interstate Agreement on Detainers, Colo. Rev. Stat. ? 24-60-501, was properly dismissed because, by requesting that he be returned to federal custody before final disposition of the Colorado charges against him, defendant waived the protections of the anti-shuttling statute.

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Huspeni v. El Paso County Sheriff's Dep't (In re Freedom Colo. Info., Inc.), Case No. 08SA151, SUPREME COURT OF COLORADO, November 10, 2008, Decided
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Overview: A district court ordered the release of a sheriff's internal affairs investigation file under an incorrect legal standard of the Colorado Criminal Justice Records Act because the file was not a record of official action and public disclosure should have been subject to the discretion of the sheriff, under Colo. Rev. Stat. ?? 24-72-304, 24-72-305.

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People v. Jorlantin, Case No. 07SC875, SUPREME COURT OF COLORADO, November 10, 2008, Decided
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Overview: State did not have the burden of going forward at a suppression hearing to prove that defendant was the one seized or arrested for driving under the influence because when defendant filed a motion to suppress claiming his Fourth Amendment rights were violated, this initial allegation sufficed to establish that he was the victim or aggrieved party.

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