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   State Courts - Colorado - December 19 - December 27, 2005

  
Domingo-Gomez v. People, Case No. 04SC640, SUPREME COURT OF COLORADO, December 19, 2005, Decided
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Overview: In closing argument following trial for assault, as well as use and possession of an incendiary device, prosecutor's use of the word "lied" did not require reversal because trial court instructed jury specifically regarding improper remarks; also, comments about State's screening processing were not prejudicial to defendant.

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Frank M. Hall & Co. v. Newsom, Case No. 04SC275, SUPREME COURT OF COLORADO, December 19, 2005, Decided
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Overview: Because pursuant to Colo. Rev. Stat. ¿ 8-41-401(1)(a), general contractor was liable for the injuries of a subcontractor's employee as his statutory employer, the general contractor was immune from a personal injury suit by the employee and court of appeals erred in finding that the contractor did not qualify as the employee's statutory employer.

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Hicks v. Londre, Case No. 04SC741, SUPREME COURT OF COLORADO, December 19, 2005, Decided
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Overview: In determining whether doctrine of equitable subrogation should be applied, appellate court did not err because, after applying factors to factual circumstances, supreme court found, inter alia, that property buyers and bank satisfied original mortgage, parties had no actual knowledge of lien, and lienholder was not prejudiced.

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People v. Vanrees, Case No. 03SC290, SUPREME COURT OF COLORADO, December 19, 2005, Decided
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Overview: Trial court properly admitted evidence of respondent's mental slowness to contest his guilt for crimes requiring the knowingly mental state as mental slowness was not a mental disease or defect under Colo. Rev. Stat. ¿ 16-8-101.5 (2005) and thus, respondent did not have to comply with Colo. Rev. Stat. ¿ 16-8-103(1.5) (2005) pleading requirements.

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People v. Gustafson, 05PDJ021, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 21, 2005, Decided
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People v. Gustafson, Case Number: 05PDJ021, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 21, 2005, Decided
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Overview: Attorney was disbarred for violating Colo. R. Prof. Conduct 8.4(c) and Colo. R. Civ. P. 251.5(d) when he deposited an $ 80,000 settlement check into his trust account, transferred at least a portion of it to his operating account, used the funds for his own purposes, and failed to return the balance of the funds to his client for nearly two years.

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People v. Agresti, 05PDJ054, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 22, 2005, Decided
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People v. Walker, Case Number: 05PDJ039, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 27, 2005, Decided
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Overview: Attorney breached Colo. R. Prof. Conduct 1.1, 1.3, 1.4, 1.5, 1.16 and 8.4, and he was suspended for 6 months because he took fees from clients then failed to meaningfully communicate with or diligently represent them, he also pressured a former client to recant a valid disciplinary complaint, and offered a false document in the instant proceedings.

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People v. Walker, No. 05PDJ039., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 27, 2005, Decided
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