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   State Courts - Colorado - December 18 - December 23, 2003

  
Branch v. Colo. Dep't of Corr., Court of Appeals No. 01CA2403, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 18, 2003, Decided
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Overview: The denial of costs to the individual in his action against the Colorado department of Corrections after his conviction was reversed was improper where the relevant statutory language permitted recovery.

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Campbell v. Indus. Claim Appeals Office, Court of Appeals No. 03CA0595, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 18, 2003, Decided
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Overview: Claimant was entitled to unemployment benefits after quitting his job; increase in his work hours, with no overtime or increase in salary, which took a toll on claimant, objectively established unsatisfactory conditions that supported benefit award.

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Mullins v. Kessler, Court of Appeals No. 02CA2564, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 18, 2003, Decided
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Overview: An award of costs in favor of the doctor in a medical negligence action was proper where the doctor, as the named party in the action and the party on whose behalf costs were incurred, had the substantive right to receive reimbursement for costs.

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People v. Dembry, Court of Appeals No. 00CA0798, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 18, 2003, Decided
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Overview: Defendant's right to a fair trial on sexual assault and attempted manslaughter charges was not denied by trial court's ruling that defendant's testimony at a suppression hearing could be used to impeach his character witness.

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People v. Petersen, No. 03PDJ072., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 18, 2003, Decided
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People v. Thirty-Three Thousand Two Hundred & Twelve Dollars in United States Currency, Court of Appeals No. 02CA2381, Boulder County District Court. No. 01CV856, Honorable Morris W. Sandstead, Jr., Judge., COURT OF APPEALS OF COLORADO, DIVISION ONE, December 18, 2003, Decided
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Overview: On drug defendant's appeal from forfeiture of drug money, judgment was affirmed; despite his physical location at time of seizure, defendant had power to direct or manage currency so State was entitled to rebuttable presumption of forfeiture.

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Fitzke v. People, No. 03PDJ050., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 22, 2003, Decided
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People v. Peters, Case Number: 03PDJ010, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 23, 2003, Decided
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Overview: A finding that the two attorneys should have been publicly censured for their sanction was proper where their actions did not demonstrate a selfish or dishonest motive.

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Peters & Kusick, No.03PDJ010, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 23, 2003, Decided
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Overview: Two attorneys, who attempted to quickly process affidavits of service by having notaries notarize a process server's signature when he was physically absent, violated the rules of professional conduct.

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