Colorado, October, 2003, State Case law

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State Courts - Colorado - October 14 - October 20, 2003

In re Matter of Atty. E., Case No. 01SA404, SUPREME COURT OF COLORADO, October 14, 2003, Decided
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Overview: Issuance of a protective order to protect the interests of third parties during the Attorney Regulation Counsel's investigation of an attorney was proper, but the order unduly hindered the Counsel's and the attorney's ability to further their cases.

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Meads v. People , Case No. 02SC590, SUPREME COURT OF COLORADO, October 14, 2003, Decided
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Overview: Applying "strict elements test," statutory elements of greater offense, theft, did not necessarily include all statutory elements of lesser offense, second-degree aggravated motor vehicle theft, thus, one was not a lesser-included offense of other.

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People v. Canty, No. 03PDJ078, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 14, 2003, Decided
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People v. Simmerman, No. 03PDJ075, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, October 14, 2003, Decided
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State Farm Mut. Auto. Ins. Co. v. Kastner, Case No. 02SC258, SUPREME COURT OF COLORADO, October 14, 2003, Decided
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Overview: An insured was kidnapped, taken to a remote place and sexually assaulted in her car. Her auto policy did not cover her injuries; the "use" of the vehicle was not reasonably foreseeable, and the assault had an insufficient causal nexus with the use.

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Casteel v. Davidson (In re A.M.D.), Case No. 02SC333, SUPREME COURT OF COLORADO, October 20, 2003, Decided
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Overview: For the purpose of calculating gross income for child support, the amount of the principal of an inheritance that was spent as income was included, the amount reserved as principal was not included, but interest earned on the principal was included.

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Moyer v. Empire Lodge Homeowners' Ass'n, No. 02SA220, SUPREME COURT OF COLORADO, October 20, 2003, Decided
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Overview: Denial of the bill of costs filed by the prevailing party in a water rights dispute was proper because it was not filed within the time ordered by the district water court and the district court did not abuse its discretion.

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