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   State Courts - Colorado - September 23 - September 27, 2004

  
Geiger v. Am. Std. Ins. Co., Court of Appeals Nos.: 03CA1418 & 03CA1735, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 23, 2004, Decided
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Overview: A grant of summary judgment in favor of the insurer was improper, where the policy required the insurer to send a notice of cancellation to the husband also; thus, the purported cancellation of the automobile policy was ineffective.

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In re Marriage of Balanson, Court of Appeals No.: 03CA0765, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 23, 2004, Decided
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Overview: For calculation of appreciation in marital property in dissolution proceedings, a wife's interest in a trust did not become property until trust became irrevocable upon mother's death. Applicable statute was not unconstitutionally retrospective.

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In re Marriage of Shapard, Court of Appeals No.: 03CA0782, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 23, 2004, Decided
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Overview: One day before a hearing in the magistrate court in a post-dissolution proceeding, and, on the issue of attorney fees, attorneys sought to intervene. Although the attorneys had a right to intervene, the motion's denial did not result in prejudice.

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Invisible, Inc. v. Tillison, Court of Appeals No.: 03CA1525, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 23, 2004, Decided
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Overview: Because the debtor failed to provide the trial court with prompt notice that he sought to remove the creditor's suit to federal court, the trial court retained jurisdiction to act, and an award of attorney fees and costs to the creditor was proper.

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Moland v. Indus. Claim Appeals Office, Court of Appeals No.: 03CA0815, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 23, 2004, Decided
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Overview: In workers' compensation case, state's penalty retention, when employer did not pay employee's medical bill, was not unconstitutional. Settlement agreement was ambiguous; matter should have been remanded for evidence before construing agreement.

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People v. Ray, Court of Appeals No.: 03CA0963, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 23, 2004, Decided
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Overview: Venue was proper in Denver, where drug transaction began in Denver and defendant's extraterritorial arrest in violation of statute was not willful. Money found on defendant was admissible to assert defendant was engaged in drug distribution.

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People v. Shreck, Court of Appeals No. 02CA1413, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 23, 2004, Decided
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Overview: Where blood was drawn from prisoner for sexual offender DNA database even though defendant had not been convicted of sexual assault, it was not Fourth Amendment violation and it was later admissible in sexual assault case against defendant.

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People v. LaBarre, No. 04PDJ075, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 24, 2004, Decided
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People v. Thorburn, No. 03PDJ112 and 04PDJ082, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, September 27, 2004, Decided
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