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   State Courts - Colorado - December 6 - December 13, 2004

  
Am. Family Mut. Ins. Co. v. Allen, Case No. 03SC358, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: Judgment on motor vehicle claim was remanded for resolution of ownership of truck at time of accident, as policy only provided PIP coverage for injuries sustained by permissive drivers of vehicles owned by named insured identified in policy.

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Anderson v. Longmont Toyota, Inc., Consolidated Cases Nos. 03SC450, No. 04SC22, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: Workers' compensation act did not bar two injured claimants, one of whom voluntarily left his modified employment, from entitlement to TTD benefits, where their subsequent wage loss was caused by worsening of their prior work-related injuries.

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Coffman v. Colo. Common Cause, Case No. 03SC397, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: ALJ properly found that State Treasurer violated the Fair Campaign Practices Act by using public resources and his staff's time worth over $50 to issue press releases opposing a pending school funding ballot measure, and no exemptions to Act applied.

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People v. Argomaniz-Ramirez, Case No. 04SA105, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: Videotaped statements of two child witnesses were admissible at trial and not violations of the Confrontation Clause, as both children were scheduled to testify at defendant's sexual assault trial.

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State Farm Mutual Auto. Ins. Co. v. Brekke, Consolidated Cases Case No. 03SC585, Case No. 03SC719, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: On insurer's appeal of denial of jury trial on tort claims, judgment was affirmed, as "actual trial" clauses in UM contracts, attempting to preclude default judgment against uninsured motorists from establishing liability, violated public policy.

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State v. Melendez, Case No. 03SC494, SUPREME COURT OF COLORADO, December 6, 2004, Decided
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Overview: Court erred in precluding the testimony of a defense witness who allegedly violated a sequestration order because the court did not make an adequate inquiry into whether the sequestration violation actually occurred, and the error was not harmless.

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People v. Urbaniak, 04PDJ049, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 13, 2004, Decided
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People v. Urbaniak, Case Number: 04PDJ043, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 13, 2004, Decided
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Overview: A finding that the attorney should be suspended from the practice of law for three years after he neglected and abandoned three clients was proper where he had no prior discipline and no dishonest or selfish motive.

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