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   State Courts - Colorado - October 10, 2002

  
Cole v. United Servs. Auto. Ass'n (usaa), Court of Appeals No. 01CA2542, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 10, 2002, Decided
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Overview: Where uninsured vehicle impeded insured's vehicle and allowed passenger from uninsured vehicle to attack insured with a wine bottle, a causal connection was established to trigger uninsured motorist coverage under the insurer's policy.

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Davis v. Schwankl, Court of Appeals No. 01CA1837, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 10, 2002, Decided
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Overview: In a slander suit based on defendant neighbor's report of alleged crimes to the police, the neighbor was not entitled to an award of attorney fees, as she failed to show that a crime was being committed at the time the report was made.

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Havens v. Bd. of County Comm'rs, Court of Appeals No. 01CA1612, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 10, 2002, Decided
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Overview: Language in state constitution allowing voters to approve a delay in voting on ballot issues for up to four years was not interpreted to mean that the voters' waiver of revenue and spending limits had to be limited to four years.

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Integra Fin., Inc. v. Grynberg Petroleum Co., Court of Appeals No. 01CA0992, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 10, 2002, Decided
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Overview: A lessor was a prevailing party in its forcible entry and detainer action and was thus entitled to attorney fees; although the lessee was awarded damages, the award was not connected to action itself to have precluded attorney fees to the lessor.

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Lakeside Ventures v. Lakeside Dev. Co., Court of Appeals No. 01CA1926, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 10, 2002, Decided
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Overview: Partners did not waive their counterclaim for judgment on the original note; their foreclosure claim was not an election of remedies. Absence of the owner as party did not preclude determining whether the payment was a satisfaction of judgment.

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People v. Hall, Court of Appeals No. 01CA0363, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 10, 2002, Decided
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Overview: Because there was no rational basis in the evidence to acquit defendant of reckless manslaughter and convict him of reckless endangerment, defendant was not entitled to an instruction on reckless endangerment.

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People v. Joyce, Court of Appeals No. 01CA1352, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 10, 2002, Decided
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Overview: Affirmative defense of using physical force necessary to effect an arrest of the victim by a private person did not apply as a matter of law because the victim did not commit a crime in defendant's presence.

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People v. Preciado-Flores, Court of Appeals No. 99CA2533, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 10, 2002, Decided
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Overview: A Mexican citizen, who was denied his rights under the Vienna Convention when subject to a custodial interrogation, was not entitled to suppress incriminating statements.

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Scott v. Art of Optiks Cherry Creek, Inc., Court of Appeals No. 01CA1604, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 10, 2002, Decided
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Overview: Trial court erred in denying corporation's claim for attorney fees, where it prevailed on all claims asserted against it by minority shareholder, even though shareholder prevailed on his claim for accounting against other parties.

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Yadon v. Southward, Court of Appeals No. 01CA1420, COURT OF APPEALS OF COLORADO, DIVISION A, October 10, 2002, Decided
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Overview: Even though a patient proceeded pro se against a physician for professional negligence, the certificate of review statute still applied to him, and the trial court did not err in requiring the patient to file such a document.

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