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   State Courts - Colorado - September 13, 2001

  
Pacheco v. Allen, Court of Appeals No. 00CA1624, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: The spouse was not a party to the decedent's insurance agreement. The wrongful death action was separate and distinct from any action her husband might have brought; thus the arbitration provision was not applicable to her.

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People ex rel. T.A.O., Court of Appeals No. 00CA0092, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 13, 2001, Decided
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Overview: Prosecution did not establish a prima facie case of the corpus delicti element; thus evidence of juvenile's prior sexual assault was improperly admitted. Juvenile's adjudication was not supported by admissible evidence.

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People v. Caldwell, Court of Appeals No. 99CA1092, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 13, 2001, Decided
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Overview: Testimony by a lay witness concerning the entry locations and angles of bullets involved in a shooting was not error because no special expertise was required to look at a bullet hole and realize that it followed a straight-line path.

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People v. Cummins, Court of Appeals No. 00CA0908, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 13, 2001, Decided
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Overview: The trial court properly held that the judgment of conviction was entered in 1993 and that the collateral attack in 1999 was untimely; thus the denial of the postconviction motion was affirmed.

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Rocky Mt. HMO, Inc. v. Colo. Dep't of Health Care Policy & Fin., Court of Appeals No. 00CA1517, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 13, 2001, Decided
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Overview: State department of health care financing breached the plain language of contracts with HMO that required the department to follow a seven-step process and other state and federal requirements in setting Medicaid capitation rates.

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State Farm Mut. Auto. Ins. Co. v. Secrist, Court of Appeals No. 00CA1705, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 13, 2001, Decided
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Overview: Court properly held that injured passenger was entitled to uninsured motorist coverage under her policy where coverage was denied for car she was riding in because driver's admission of liability gave insurance company right to deny his coverage.

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Tait v. Hartford Underwriters Ins. Co., Court of Appeals No. 00CA1754, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 13, 2001, Decided
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Overview: Finding that insurer breached its duty of good faith and fair dealing was affirmed, but the trial court erred in trebling the interest on the unpaid personal injury protection benefits and the award for breach of contract.

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