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   State Courts - Colorado - October 24 - November 4, 2002

  
In re Marriage of Malewicz, Court of Appeals No. 00CA1737, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 24, 2002, Decided
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Overview: District court's order denying the mother's motion for relief from judgment in a child support matter was reversed and remanded because the motion was timely in that the time for filing that motion ran from the date of the reviewing judge's order.

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Montemayor v. Jacor Communs., Inc., Court of Appeals No. 00CA1434, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 24, 2002, Decided
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Overview: Under the parties' agreement, the employer had an implied obligation to furnish executive-level work to the employee; failure to provide that work was an actionable breach of contract. Failure to issue the employee stock options was a breach.

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People v. Andracki, Court of Appeals No. 01CA0857, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 24, 2002, Decided
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Overview: The sentence imposed by the trial court was not illegal or unconstitutional because the defendant's guilty plea admitted her status as an escapee and it was the equivalent of having her status proved beyond a reasonable doubt.

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People v. Johnson, Court of Appeals No. 00CA1639, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 24, 2002, Decided
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Overview: Defendant's conviction and sentence on the habitual criminal counts were reversed and the case remanded for a new hearing, because the judge who conducted the habitual criminal adjudication was not the same judge who had presided at the trial.

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Silver Dollar Metro. Dist. v. Goltra, Court of Appeals No. 01CA2298, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 24, 2002, Decided
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Overview: A metropolitan district's condemnation action was premature because the tunnel project in question, which ran over the property owner's land, had not been formally approved; the district was not entitled to immediate possession of the property.

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Spracklin v. Indus. Claim Appeals Office, Court of Appeals No. 02CA0274, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 24, 2002, Decided
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Overview: Denial of the employee's request for penalties in a workers' compensation matter was affirmed because the request was not filed until after the statute of limitations had expired.

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In re Hickox, Case No. 01SA371, SUPREME COURT OF COLORADO, October 28, 2002; October 28, 2002, Decided
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Overview: Attorney's criminal conduct reflected adversely on his fitness to practice; proper form of discipline was suspension, especially considering his prior disciplinary record. Aggravating and mitigating factors allowed for a six month suspension.

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Indus. Claim Appeals Office v. Zarlingo, Case No. 01SC710, SUPREME COURT OF COLORADO, October 28, 2002, Decided
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Overview: An appellate court erred in applying an appellate rule to extend a period to file a notice of appeal by three days because it conflicted with another statute that specified the timing for such an appeal in a workers' compensation case.

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Forsythe v. People, CASE NO. 01SC663, SUPREME COURT OF COLORADO, November 4, 2002, Decided
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People v. Wayne, No. 02PDJ047, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 4, 2002, Decided
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