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   State Courts - Colorado - October 26, 2000

  
Alderton v. State, No. 99CA0773, COURT OF APPEALS OF COLORADO, DIVISION A, October 26, 2000, Decided
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Overview: Part-time county court judge had no vested contractual right to be paid according to statutory formula in place when he took office.

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Claassen v. City & County of Denver, No. 99CA1165, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 26, 2000, Decided
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Overview: Absent a physical invasion into the airspace above plaintiffs' property below the navigable airspace, there was no physical taking within meaning of state and federal constitutions.

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Gilmore v. Concerned Parents of Pueblo, No. 99CA1164, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 26, 2000, Decided
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Overview: Appellee received compensation and was not entitled to statutory immunity for those providing services for young people without compensation; appellee was not entitled to statutory immunity for services provided to adjudicated juveniles.

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Imperial Headware, Inc. v. Industrial Claim Appeals Office, No. 00CA0464, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 26, 2000, Decided
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Overview: Where physician's report on workers' compensation claimant had internal conflict as to whether or not claimant had been released to return to work, the report was subject to interpretation by an administrative law judge.

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Lazuk v. School Dist. No. 1, No. 99CA1689, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 26, 2000, Decided
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Overview: School board could properly delegate power to transfer teacher to principal because it was administrative in nature (as it did not function as a policy-making duty) and the discretion granted was limited by statute.

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Lutz v. Industrial Claim Appeals Office, No. 00CA0111, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 26, 2000, Decided
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Overview: Employer did not have to pay medical benefits to an unauthorized treating physician when claimant did not request a change of physician after an authorized treating physician refused to provide treatment.

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People v. Blankenship, No. 97CA2225, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 26, 2000, Decided
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Overview: Defendant's convictions for extreme indifference murder and felony murder were improper, because the merger doctrine required that a conviction enter for only one murder count where there was only a single murder victim.

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People v. J.M., No. 99CA0867, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 26, 2000, Decided
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Overview: Where police officer's testimony as to suspect's comments was allowed for the limited purpose of explaining officer's subsequent actions, it was not admitted to show the truth of the statement and was not hearsay.

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People v. Saleh, No. 98CA2186, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 26, 2000, Decided
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Overview: Conviction of second degree assault was reversed and lesser-included offense of third degree assault conviction was entered because evidence was insufficient to prove injuries occurred by means of defendant's foot as a deadly weapon.

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People v. Stephenson, No. 99CA1203, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 26, 2000, Decided
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Overview: Defendant's guilty plea to "attempted felony murder," an offense not recognized in Colorado, was vacated because one cannot be convicted of a non-existent crime even if defendant consented to the conviction.

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