Colorado, December, 2004, State Case law

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State Courts - Colorado - December 30, 2004

People v. Rivera-Bottzeck, Court of Appeals Nos.: 01CA2223 & 01CA2267, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
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Overview: The trial court's order denying an inmate's motion for postconviction relief was void because his appeal had been perfected; thus, the trial court lacked jurisdiction to rule on his motion.

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People v. Scott, Court of Appeals No.: 03CA0641, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 30, 2004, Decided
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Overview: Defendant's assertion in a post-conviction pleading that the elected district attorney (DA) did not have authority to prosecute because he had not filed the appropriate paper work was properly dismissed. DA was duly elected and had authority.

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People v. Starcher, Court of Appeals No. 04CA0241, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
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Overview: Nothing in the sentencing statutes stated that defendant's consecutive sentences had to be served at the same time in the same case or that two or more cases had to be disposed of at the same time.

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Pres. at the Fort, Ltd. v. Prudential Huntoon Paige Assocs., Court of Appeals No.: 03CA0868, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
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Overview: A borrower on a mortgage note had to pay prepayment penalties on 15 percent of the original amount as well as on the rest of the prepayment, where federal regulations allowed, and a controlling rider to the note required, such penalties.

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Reyes v. McCarley, Court of Appeals No. 03CA1149, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 30, 2004, Decided
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Overview: Where the victim did not seek recovery against the driver's personal assets and sought to pursue action only to the extent of the automobile liability insurance proceeds, the trial court erred in dismissing the action for failure to prosecute.

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Skruch v. Highlands Ranch Metro. Dists. Nos. 3 & 4, Court of Appeals No. 03CA1332, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 30, 2004, Decided
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Overview: Brochure sent to residents of metropolitan districts urging them to vote in favor of ballot issue violated election statutes prohibiting urging of electors to vote a certain way; definition of "expenditures" did not apply to metro district boards.

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Voller v. Gertz, Court of Appeals No.: 01CA2384, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 30, 2004, Decided
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Overview: Alleged employers were entitled to attorney fees where an alleged employee's Colorado Wage Act claim failed because she was not an employee. A shareholder was not entitled to attorney fees although she prevailed on a shareholder's derivative suit.

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