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   State Courts - Colorado - September 10 - September 13, 2004

  
People v. Mascarenas, No. 03PDJ011, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 10, 2004, Decided
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City of Black Hawk v. City of Central, Case No. 03SA295, SUPREME COURT OF COLORADO, September 13, 2004, Decided
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Overview: Water court did not err in granting city's conditional water storage right based on finding that city satisfied the "can and will" statute where right of access was only one factor to consider and sufficient evidence showed city's plan was feasible.

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Civ. Serv. Comm'n v. Carney, Case No. 03SC478, SUPREME COURT OF COLORADO, September 13, 2004, Decided
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Overview: Court of appeals erred in holding that police officers who challenged a promotional examination could amend their complaint to add a new claim for relief after all claims had been decided on appeal and the case was remanded only to award them costs.

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DOT v. Stapleton, Case No. 03SC616, SUPREME COURT OF COLORADO, September 13, 2004, Decided
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Overview: Appeals court erred in ruling that the CDOT lacked statutory authority to condemn landowner's property for a parking and transit facility because CDOT had implied authority to condemn property where facility was an integral part of highway project.

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In re 2000-2001 Dist. Grand Jury, Case No. 03SC209, SUPREME COURT OF COLORADO, September 13, 2004, Decided
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Overview: City named in grand jury report had no right under statute, which allowed it to respond to grand jury report, to discover information in grand jury record; neither the language of statute nor principles of procedural due process required discovery.

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People v. Wadle, Case No. 03SC340, SUPREME COURT OF COLORADO, September 13, 2004, Decided
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Overview: Where defendant charged with child abuse resulting in death admitted at trial that she took Paxil, there was a reasonable possibility that extraneous information obtained by a juror concerning the drug improperly influenced the jury verdict.

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