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| Alliance for Colorado's Families v. Gilbert, Court of Appeals No. 05CA2137,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 1, 2007, Decided
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Overview: In a case involving campaign finance law and alleged violations of the First and Fourteenth Amendments, there were insufficient findings of facts regarding whether the "major purpose" test had been satisfied as to an association, which received a penalty under Colo. Const. art. XXVIII, ¿ 10(1) due to paying for a political advertisement.
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| Comte v. Wilson, Court of Appeals No. 06CA 1150,
COURT OF APPEALS OF COLORADO, DIVISION SIX, November 1, 2007, Decided
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Overview: After receiving workers' compensation benefits, an injured city employee received a settlement from the tortfeasor. Because the city intervened to protect its right to subrogation and benefited from the litigation, the trial court did not err by requiring the city to pay a portion of the attorney fees incurred by the employee.
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| Front Range Home Enhancements, Inc. v. Stowell, Court of Appeals No. 06CA0822,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 1, 2007, Decided
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Overview: In a contractor's suit seeking payment for improvements made to a homeowner's residence, the attorney fees award to the homeowner under Colo. Rev. Stat. ¿ 13-17-102 was proper as the contractor's silence or refusal to clarify and communicate its position as to the release of a mechanic's lien was without substantial justification.
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| McIntire v. Trammell Crow, Inc., Court of Appeals No. 06CA 1074,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 1, 2007, Decided
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Overview: Summary judgment was properly granted to a manager, who was a landowner, in a premises liability case under Colo. Rev. Stat. ¿ 13-21-115 because there was no evidence that he actually knew or should have know of an improperly moored pulley, which fell and injured a worker. The worker was an invitee.
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| People ex rel. J.W., Court of Appeals No. 06CA2117,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 1, 2007, Decided
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Overview: Where the People obtained a writ of garnishment for child support arrearages, the portion of the father's personal injury settlement representing attorney fees could not be attached to satisfy the child support judgment. The settlement proceeds did not constitute "earnings," as that term was defined in Colo. Rev. Stat. ¿ 13-54-104(1)(b)(I).
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| People v. Guatney, Court of Appeals No. 06CA0704,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 1, 2007, Decided
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Overview: State's request to revoke defendant's sex offender probation was properly denied when he invoked his U.S. Const. amend. V right to remain silent and refused to admit to any guilt to his therapist as his appeal was still pending and any admission could have been used against him on retrial or to bring charges of perjury against him.
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| People v. Gurule, Court of Appeals No. 07CA0835,
COURT OF APPEALS OF COLORADO, DIVISION A, November 1, 2007, Decided
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Overview: The trial court's finding that defendant was a flight risk because he had failed to appear for sentencing and did not return for several months mandated the denial of defendant's motion for an appeal bond pursuant to Colo. Rev. Stat. ¿ 16-4-201.5(2)(a)
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| Specialized Grading Enters. v. Goodland Constr., Inc., Court of Appeals Nos. 06CA0630 & 06CA1017,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 1, 2007, Decided
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Overview: Where a subcontactor was required to perform extra work on an evacation project due to the contractor's failure to dewater the site, the trial court erred by granting the contractor's motion for directed verdict on the subcontractor's quantum meruit claim. Lay testimony from the subcontractor's employee was admissible under Colo. R. Evid. 701.
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| Gallion v. Colo. Dep't of Revenue, Motor Vehicle Div., Case No. 06SC809,
SUPREME COURT OF COLORADO, November 5, 2007, Decided
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Overview: Driver did not validly recant her refusal to take a chemical test under Colo. Rev. Stat. ¿ 42-4-1301.1 because the arresting officer had completed the duties required of him and returned to patrol; by that time, the driver was in the custody of an entirely different law enforcement agency that was not responsible for administering her test.
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| Hanover Sch. Dist. No. 28 v. Barbour, Case No. 06SC446,
SUPREME COURT OF COLORADO, November 5, 2007, Decided
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Overview: Where a teacher did not receive timely notice of the deadline for nonrewnewal of his contract under Colo. Rev. Stat. ¿ 22-63-203(3), he was entitled to receive back pay; he was not entitled to reinstatement since he was provided notice regarding future contracts. The doctrine of mitigation did not apply since the teacher was "deemed employed."
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