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   State Courts - Colorado - October 9, 2003

  
People v. Manzanares, Court of Appeals No. 02CA1341, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 9, 2003, Decided
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Overview: Where defendant entered a plea of guilty to attempted sexual assault on a child, the trial court was later permitted to revoke his deferred judgment upon evidence that defendant continued to have unsupervised contact with his children.

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People v. Marquardt, No. 03PDJ053, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 9, 2003, Decided
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People v. Merklin, Court of Appeals No. 02CA0422, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 9, 2003, Decided
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Overview: In a criminal trial to convict defendant for violating a restraining order, the court committed no error in instructing the jury, allowing jury questions to witnesses, and admitting evidence of harassing phone calls that defendant made to the victim.

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People v. Prendergast, Court of Appeals No. 02CA1148, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 9, 2003, Decided
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Overview: Jury was properly instructed as to the definition of "materiality" in defendant's trial for securities fraud and theft. The instruction was not misleading to the jury. Securities expert's testimony did not invade the jury's province.

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People v. Salazar, No. 03PDJ003, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 9, 2003, Decided
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Petron Dev. Co. v. Wash. County Bd. of Equalization, Court of Appeals No. 02CA1476, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 9, 2003, Decided
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Overview: Tax assessor's valuation based on an amount received for oil at a downstream point of sale violated the constitutional requirement that valuations be based on the value of unprocessed material and be based on the selling price at the wellhead.

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Rogan v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1770, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 9, 2003, Decided
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Overview: In a workers' compensation proceeding, an injured employee with an impairment rating of 23 percent could not recover more than $ 60,000 in combined permanent partial disability and temporary total disability benefits.

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Sanchez v. Am. Std. Ins. Co. , Court of Appeals No. 02CA1378, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 9, 2003, Decided
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Overview: A grant of summary judgment in favor of the insureds was improper where their decision to receive treatment outside the managed care plan did not preclude the insurer's ability to select the means of reviewing insureds' medical treatment.

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Xerox Corp. v. Bd. of County Comm'rs, Court of Appeals No. 02CA2026, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 9, 2003, Decided
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Overview: A grant of summary judgment against a taxpayer was proper where comparable sales prices were the appropriate basis to assess personal property under the relevant statute dealing with the assessment of taxable personal property.

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