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   State Courts - Colorado - October 10 - October 16, 2006

  
People v. Pacheco, Case No. 06SA132, SUPREME COURT OF COLORADO, October 10, 2006, Decided
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Overview: There was no probable cause for a search warrant under U.S. Const. amend. IV or Colo. Const. art. II, § 7 where the affidavit in support thereof did not sufficiently describe an informant's veracity or basis of knowledge, and the officer did not supply sufficient corroborating information where defendant's conduct was not criminal or suspicious.

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West v. Roberts, Case No. 05SC358, SUPREME COURT OF COLORADO, October 10, 2006, Decided
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Overview: A subsequent purchaser, as a good faith purchaser for value, obtained good title to a car pursuant to Colo. Rev. Stat. § 4-2-403 of the Uniform Commercial Code. The original seller's transfer of the car to a third party and its title in exchange for a worthless cashier's check constituted a voluntary transaction that was subject to § 4-2-403(1).

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In re Colo. Springs ex rel. Colo. Springs Utils. v. Bd. of Comm'rs, Case No. 06SA162, SUPREME COURT OF COLORADO, October 16, 2006, Decided
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Overview: In a declaratory action seeking to invalidate land use regulations relating to a water project, venue was proper in the county where the regulations were promulgated, pursuant to Colo. R. Civ. P. 98(b)(2); the request for relief did not involve questions relating to title, lien, injury, quality, or possession of utilities under Rule 98(a).

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People v. Roberts, Case No. 05SC764, SUPREME COURT OF COLORADO, October 16, 2006, Decided
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Overview: Defendant's trial in theft case was continued three times. Two of those times were due to the pregnancy of prosecution witness. Intermediate appellate court erred in ruling that motion to dismiss should have been granted because prosecutor complied with Colo. Rev. Stat. § 18-1-405(6)(g) by showing unavailable evidence was material to State's case.

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