Colorado, November, 2006, State Case law

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State Courts - Colorado - November 16, 2006

People ex rel. K.A., Court of Appeals No. 06CA0606, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 16, 2006, Decided
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Overview: Trial court had jurisdiction to enter permanent custody order while original order finding dependency was on appeal because Colo. Rev. Stat. ? 19-1-109(2)(C) indicated that trial court had jurisdiction to enter any dispositional orders deemed necessary during appeal and Colo. Rev. Stat. ?? 19-3-702 and -703 allowed for permanent custody awards.

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People v. Gash, Court of Appeals No. 05CA0936, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 16, 2006, Decided
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Overview: Admission of statements made by the victim to her nephew at a family gathering shortly before her death did not violate defendant's confrontation rights, as the statements were not testimonial, and the hearsay statements were admitted pursuant to the firmly rooted state of mind hearsay exception under Colo. R. Evid. 803(3).

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People v. Hoover, Court of Appeals No. 04CA1794, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 16, 2006, Decided
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Overview: Defendant's convictions of securities fraud, theft, and violation of the Colorado Organized Crime Control Act (COCCA) were affirmed because there was no due process violation under U.S. Const. amend. V or Colo. Const. art. II, ? 18 when COCCA authorized separate punishments for the COCCA violation and the underlying securities fraud and thefts.

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People v. Sherman, Court of Appeals No. 04CA2424, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 16, 2006, Decided
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Overview: Defendant's Colo. R. Crim. P. 35(c) postconviction relief motion was properly denied as his counsel was not ineffective for failing to initiate plea negotiations given that defendant adamantly asserted his innocence and whether he would have taken a plea was speculative; also, there was no due process right to a lesser included offense instruction.

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People v. Vance, 06PDJ092., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 16, 2006, Decided
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People v. Whaley, Court of Appeals No.: 05CA0015, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 16, 2006, Decided
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Overview: In defendant's trial for attempted unlawful possession of a controlled substance (hydrocodone), a new trial was warranted because trial court improperly failed to submit an affirmative defense jury instruction of a prescription exception, pursuant to Colo. Rev. Stat. ? 18-18-405 and Colo. Rev. Stat. ? 18-18-302.

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Scott v. Holt (In re Estate of Scott), Court of Appeals No. 05CA1568, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: A beneficiary's petition for an accounting by a trustee was not a final, appealable order under Colo. Rev. Stat. ? 15-12-107(1)(b) (2005) because it was part of a continuing previous case in the probate court, could not stand on its own, and had no preclusive effect like a final order.

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Town of Avon v. Weststar Bank, Court of Appeals No. 05CA0443, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: A state district court's judgment in a Colo. R. Civ. P. 22 interpleader action was reversed as Avon, Colo., Mun. Code 3.08.220, creating a lien for the collection of sales taxes was superior to a bank's lien, which was created under Colo. Rev. Stat. ? 49-101 et seq. (2006), was a proper exercise of the town's authority under Colo. Const. art. XX.

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