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   State Courts - Colorado - November 30 - December 2, 2004

  
People v. Cunefare, Case No. 03SC782, SUPREME COURT OF COLORADO, November 30, 2004, Decided
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Overview: Reversal of defendant's tampering and forgery convictions was error, as defendant attempted to induce the victim to recant testimony and falsified a letter recanting the victim's statement with the intent to defraud the prosecutor.

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People v. Mascarenas, 04PDJ009., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, November 30, 2004, Decided
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People v. Yascavage, Case No. 03SC559, SUPREME COURT OF COLORADO, November 30, 2004, Decided
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Overview: Defendant's conviction for tampering with a victim or witness was properly reversed, as there was no evidence that the victim was under a legal obligation to appear before the tribunal.

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Vigil v. Franklin, Case No. 03SC479, SUPREME COURT OF COLORADO, November 30, 2004, Decided
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Overview: Summary judgment for property owners in premises liability action was improper under Colorado's premises liability statute because the statute preempted common law theories of liability, specifically the open and obvious danger defense.

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Div. of Child Support Enforcement v. Indus. Claim Appeals Office , Court of Appeals No.: 04CA0523, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 2, 2004, Decided
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Overview: A finding that a settlement awarded to the claimant in a workers' compensation case was not subject to attachment was improper, where the statute in question represented a procedural amendment and could therefore be applied retroactively.

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Negron v. Golder, Court of Appeals No.: 04CA0444, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 2, 2004, Decided
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Overview: Application of a prison regulation concerning postage and photocopying did not prevent an inmate from serving the Colorado Attorney General; the inmate was not entitled to additional postage at the expense of the Colorado Department of Corrections.

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People v. Banuelos-Landa, Court of Appeals No.: 03CA0619, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 2, 2004, Decided
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Overview: Defendant's appeal from the denial of his motions for reconsideration of his sentence were dismissed, as there was no requirement that a motion for reduction of sentence be considered and resolved by the same judge who imposed sentence.

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Turner v. Indus. Claim Appeals Office , Court of Appeals No.: 03CA1958, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 2, 2004, Decided
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Overview: A finding that the employee's injury was not compensable under the quasi-course of employment doctrine was improper, where the employee's travel for an evaluation was directly related to, and proximately caused by, a compensable prior injury.

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